Eastbury v Genea Limited (formerly known as Sydney IVF Limited) [2015] NSWSC 1834

Supreme Court New South Wales

Medium Neutral Citation: Eastbury v Genea Limited (formerly known as Sydney IVF Limited) [2015] NSWSC 1834 Hearing dates: 23 November 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The limitation periods for the causes of action pleaded against Dr Curtotti are extended to 17 December 2015.

(2) Dr Curtotti is joined as second defendant in these proceedings.

(3) The further amended statement of claim is to be filed and served by 17 December 2015.

(4) The first defendant is to make an interim payment to the plaintiffs in the sum of $100,000 within 28 days.

(5) The defendant and cross defendant (now second defendant) are to pay the plaintiffs' costs on an ordinary basis as agreed or assessed.

(6) The matter is listed for a directions hearing at 9.00 am before the registrar on 10 February 2016. Catchwords: CIVIL PROCEDURE – medical negligence claim – application to extend limitation periods – application to join second defendant – application for first defendant to make an interim payment Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW) Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Eastbury v Genea Genetics [2014] NSWSC 1793 Forster v Hunter New England Area Health Service (2010) 77 NSWLR 495; [2010] NSWCA 106 Category: Procedural and other rulings Parties: Leighee Eastbury (First Plaintiff) Philip Eastbury (Second Plaintiff) Genea Limited (First Defendant/Cross Claimant) Dr Ranjana Curtotti (Cross Defendant) Representation: Counsel: J Anderson (Plaintiffs) D Lloyd (First Defendant) J Lonergan SC (Cross Defendant)