Jener Daluz v John McMahon [2016] NSWSC 202

Supreme Court New South Wales

Medium Neutral Citation: Jener Daluz v John McMahon [2016] NSWSC 202 Hearing dates: 14 October 2015 Date of orders: 10 March 2016 Decision date: 10 March 2016 Jurisdiction: Common Law Before: Hidden J Decision: Motion for summary dismissal dismissed. Catchwords: PROCEEDINGS FOR DAMAGES – Application for summary dismissal of medical negligence proceedings relating to treatment of injuries said to have been sustained by the plaintiff in a motor vehicle accident – settlement of separate proceedings relating to the accident itself – whether consent judgment in those proceedings concluded the issue of damage in the medical negligence proceedings – issues of res judicata, estoppel, abuse of process and double satisfaction Legislation Cited: Area Health Services Act 1986, Health Administration Act 1982 Health Services Act 1997 Motor Accidents Compensation Act 1999 The Law Reform (Miscellaneous Provisions) Act 1946 Uniform Civil Procedure Rules 2005 Cases Cited: Baxter v Obacelo Pty Ltd [2001] HCA 66, 205 CLR 635 Benton v QBE Workers Compensation (NSW) Ltd [2015] NSWCA 101 Blair v Currin (1939) 62 CLR 464 Effem Foods Pty Limited v Trawl Industries of Australia Pty Limited [1993] FCA 342, [1993] FCR 510 Liao v State of New South Wales: Zhang v State of New South Wales [2014] NSWCA 71 Mounsey v Findlay (1993) 32 NSWLR 1 Ramsay v Pigram (1967) 118 CLR 271 Walton v Gardiner (1993) 177 CLR 378 Category: Principal judgment Parties: Jener Daluz (plaintiff) Dr John McMahon (1st defendant) South Western Sydney Local Health District (2nd defendant) Representation: Counsel: R Sheldon SC with P Khandhar (plaintiff / respondent) M Hutchings (defendant / applicant)