Tanious v Dedousis (No 3) [2016] NSWSC 339

Supreme Court New South Wales

Medium Neutral Citation: Tanious v Dedousis (No 3) [2016] NSWSC 339 Hearing dates: 30 March 2016 Date of orders: 30 March 2016 Decision date: 30 March 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) Leave to file and serve a Further Amended Statement of Claim is refused. (2) The plaintiff is to pay the defendants' costs of the motion, on an ordinary basis. Catchwords: PROCEDURE – Notice of Motion seeking leave to file and serve Further Amended Statement of Claim – proceedings in negligence – secondary or derivative claim – whether defendants to proposed action properly named – whether cause of action disclosed – absence of expert report as to cause of action – whether orders of the Court of Appeal complied with Cases Cited: Tanious v Dedousis [2014] NSWSC 51 Tanious v Public Guardian [2012] NSWCA 165 Tanious v South Eastern Sydney Local Health District [2015] NSWCA 356 Tanious v The Public Guardian [2012] NSWCA 335 Category: Procedural and other rulings Parties: Mofeed Louis Tanious (Plaintiff) South Eastern Sydney Local Health District (First Defendant) Dr Chris Dedousis (Second Defendant) Representation: Plaintiff in person Ms L Boyd (solicitor for the Defendants) File Number(s): 2013/00080247 Publication restriction: None

Judgment 1. By Notice of Motion filed on 21 December 2015 the plaintiff, Mofeed Louis Tanious, seeks the Court's leave to file a Further Amended Statement of Claim against two defendants, nominated as Dr Chris Dedousis and St George Hospital Aged Care Team (the first defendant), and Ms Judy Hunt and NSW Public Guardian (the second defendant). The defendants oppose the grant of leave. 2. The plaintiff additionally asks the Court to make orders in relation to the exercise of the function of the Office of the Coroner. 3. The matter has some history and, since the history of the matter is of relevance to the determination of this Motion, it is useful to set it out in summary form.