Wei Fan v South Eastern Sydney Local Health District (No 3) [2015] NSWSC 1620

Supreme Court New South Wales

Medium Neutral Citation: Wei Fan v South Eastern Sydney Local Health District (No 3) [2015] NSWSC 1620 Hearing dates: By way of written submissions Date of orders: 03 November 2015 Decision date: 03 November 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff is to pay the defendant's costs.

(2) The plaintiff is to pay the defendant the gross sum of $250,000 being the defendant's costs of these proceedings Catchwords: COSTS – no point of principle - claim for professional medical negligence – judgment entered for the defendant – general rule that costs follow the event – whether costs should be paid on an indemnity basis – three offers of compromise made – whether costs should be paid on a gross sum basis – assessment of costs likely to be protracted and expensive – whether a broad brush approach should be taken Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Chaina v Presbyterian Church (NSW) Property Trust (No 26) [2014] NSWSC 1009 Fan v South Eastern Sydney and Illawarra Area Health Service [2010] NSWSC 123 Fan v South Eastern Sydney and Illawarra Area Health Service (No 2) [2010] NSWSC 343 Ghougassian v Fairfax Community Newspapers Pty Ltd [2015] NSWCA 307 Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Hollier v Sutcliffe (No 2) [2010] NSWSC 433 Jojeni Investments Pty Ltd v Mosman Municipal Council (No 2) [2015] NSWCA 208 Leach v Nominal (QBE Insurance (Australia) Ltd) (No 2) [2014] NSWCA 391 Mainteck Services Pty Ltd v Stein Heurtey SA (No 2) [2014] NSWCA 214 Melchior v Sydney Adventist Hospital Ltd (No 2) [2009] NSWSC 65 Wei Fan v South Eastern Sydney Local Health District (No 2) [2015] NSWSC 1235 Category: Costs Parties: Wei Fan (Plaintiff) South Eastern Sydney Local Health District (Defendant) Representation: Counsel: S Woods (Defendant)