Green v Healthscope Limited t/as The Hills Private Hospital [2015] NSWCA 325

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Green v Healthscope Limited t/as The Hills Private Hospital [2015] NSWCA 325 Hearing dates: 12 October 2015 Date of orders: 16 October 2015 Decision date: 16 October 2015 Before: Gleeson JA Decision: (1) Healthscope's notice of motion filed on 6 October 2015 be dismissed.

(2) Ms Green to pay Healthscope's costs of the notice of motion.

(3) Stand over the summons for leave to appeal before the Registrar on 19 October 2015 for the purposes of allocation of a hearing date and giving any further procedural directions as may be required. Catchwords: PROCEDURE – dismissal of proceedings for want of prosecution – application for leave to appeal – where applicant under legal incapacity – where delay in appointing tutor – where concurrent hearing vacated – where further delay in appointment tutor Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 60, 91 New South Wales Trustee and Guardian Act 2009 (NSW) s 41 Supreme Court Act 1970 (NSW) s 101(2)(e). Uniform Civil Procedure Rules 2005 (NSW) rr 7.13, 7.14, 7.15, 12.7(1), 12.10, 51.1, 51.10, 57.7 Cases Cited: Birkett v James [1978] AC 297 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Hobbs v Australian Securities and Investments Commission [2013] NSWCA 432 Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367 Mao v AMP Superannuation Ltd [2015] NSWCA 252 State of New South Wales v Plaintiff A [2012] NSWCA 248 Weston (in his capacity as special purpose liquidator of One.Tel Ltd (in liq)) v Publishing and Broadcasting Ltd [2011] NSWSC 433; 83 ACSR 206 Category: Procedural and other rulings Parties: Lisa Green (Applicant) Healthscope Limited t/as The Hills Private Hospital (Respondent) Representation: Counsel: J T Johnson (Applicant) M Windsor SC (Respondent)