Smith v Hunter New England Local Health District [2016] NSWSC 248

Supreme Court New South Wales

Medium Neutral Citation: Smith v Hunter New England Local Health District [2016] NSWSC 248 Hearing dates: 11 March 2016 Decision date: 16 March 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Declare that these proceedings were commenced within the limitation period.

(2) Strike out paragraph 18 of the defence.

(3) Subject to a written application for a different order being made to my Associate within seven days, order the defendant to pay the plaintiff's costs of the amended notice of motion. Catchwords: LIMITATION OF ACTIONS - negligence - date on which cause of action "discoverable by plaintiff" - plaintiff unaware that a compensation to relatives claim could be brought – whether plaintiff had taken all reasonable steps – cause of action not discoverable until plaintiff received advice that she could make a claim Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59 Compensation to Relatives Act 1897 (NSW) Legal Profession Act 2004 (NSW), s 347 Limitation Act 1969 (NSW), ss 50A, 50C, 50D Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Baker-Morrison v State of New South Wales [2009] NSWCA 35; 74 NSWLR 454 Drayton Coal Pty Ltd v Drain (NSWCA, 22 August 1995, unreported) State of New South Wales v Gillett [2012] NSWCA 83 Young v Hones [2014] NSWCA 337 Category: Procedural and other rulings Parties: Kirsten Therese Smith (Plaintiff) Hunter New England Local Health District (Defendant) Representation: Counsel: R O'Keefe (Plaintiff) J Downing/T Abdulhak (Defendant)