Tanious v South Eastern Sydney Local Health District [2015] NSWCA 356

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tanious v South Eastern Sydney Local Health District [2015] NSWCA 356 Hearing dates: 16 November 2015 Decision date: 19 November 2015 Before: Basten JA, Meagher JA, Ward JA Decision: (1) Allow the appeal from the judgment of 9 October 2014 and set aside the orders made by Price J.

(2) In place thereof:

(a) set aside the orders of Harrison AsJ made on 12 February 2014 dismissing the proceedings with costs and in place thereof order that:

(i) the amended statement of claim filed on 26 November 2013 be struck out; (ii) subject to the requirements specified in (iii) below, the plaintiff may file and serve a notice of motion in the Common Law Division, no later than 30 April 2016, seeking leave to file and serve a further amended statement of claim; (iii) the notice of motion referred to in (ii) above shall be accompanied by a proposed further amended statement of claim which:

(A) may name as defendants only South Eastern Sydney Local Health District and (if thought necessary) Dr Chris Dedousis; (B) shall be accompanied by a report or reports by one or more experts (not being the plaintiff) qualified to express an opinion as to:

(1) any allegation as to a breach of duty by the defendants in the treatment and care of the plaintiff's late father; (2) any harm caused to the plaintiff's late father by the alleged breach of duty; (3) any harm suffered by the plaintiff by the alleged breach of duty; and, (4) the causal connection between any harm suffered by the plaintiff and any breach of duty to his father;