Supreme Court New South Wales Medium Neutral Citation: Keelan v South Eastern Sydney Local Health District [2016] NSWSC 469 Hearing dates: 8 April 2016 Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Common Law Before: Wilson J Decision: 1. The hearing of this matter is to be expedited. 2. The defendant to request further and better particulars by 15 April 2016. 3. Plaintiff to answer particulars by 22 April 2016. 4. Defendant is to file defence by 29 April 2016. 5. The plaintiff is to serve an expert report as required by r 31.36 of the Uniform Civil Procedure Rules 2005 (NSW) by 17 June 2016. 6. Plaintiff is to complete service of expert reports as to quantum by 17 June 2016. 7. Defendant is to complete service of expert reports by 12 August 2016. 8. Matter listed for directions on 17 August 2016. 9. Matter listed for hearing of the Statement of Claim on 6 September 2016 with a four day estimate. 10. Liberty is granted to the parties to restore the matter to the list on 3 days' notice. 11. Proceedings referred for court-appointed mediation. Mediation to take place by 26 August 2016. 12. Leave is granted to the parties to jointly approach the Registrar for the purpose of fixing a date for mediation. Catchwords: PRACTICE AND PROCEDURE – notice of motion for expedition of proceedings – medical and nursing care of 93 year old – Notice of Motion with consent of both parties Category: Procedural and other rulings Parties: Eileen Teresa Keelan (Plaintiff) South Eastern Sydney Local Health District (Defendant) Representation: Counsel: Mr J Mrsic (Plaintiff) Mr A McCarthy (Defendant) Solicitors: T D Kelly & Co (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2016/00056149 Publication restriction: None Judgment 1. Before the Court is a Notice of Motion filed on 24 February 2016 in the Registry of this Court. The Motion that I am asked to determine seeks expedition of the hearing of a Statement of Claim filed by the plaintiff. The Statement of Claim relates to the medical and nursing care provided to a 93 year old lady. 2. The expedition is required because the determination of a Statement of Claim is necessary to ensure that adequate and appropriate care can be provided to the patient. Both parties agree that expedition is appropriate, having regard to the age of the patient, and more particularly, to some specific injuries which she sustained in February of 2015. 3. There is an issue as to whether the defendant is responsible for those injuries, owing to its negligence. That is an issue that will need to be determined with some speed in all of the circumstances. 4. Accordingly, and noting the consent of the defendant, I make the orders sought in the Notice of Motion, that is, that the hearing of this matter is to be dealt with with expedition. ORDERS 1. I make the following orders: 1. The hearing of this matter is to be expedited. 2. The defendant to request further and better particulars by 15 April 2016. 3. Plaintiff to answer particulars by 22 April 2016. 4. Defendant is to file defence by 29 April 2016. 5. The plaintiff is to serve an expert report as required by r 31.36 of the Uniform Civil Procedure Rules 2005 (NSW) by 17 June 2016. 6. Plaintiff is to complete service of expert reports as to quantum by 17 June 2016. 7. Defendant is to complete service of expert reports by 12 August 2016. 8. Matter listed for directions on 17 August 2016. 9. Matter listed for hearing of the Statement of Claim on 6 September 2016 with a four day estimate. 10. Liberty is granted to the parties to restore the matter to the list on 3 days' notice. 11. Proceedings referred for court-appointed mediation. Mediation to take place by 26 August 2016. 12. Leave is granted to the parties to jointly approach the Registrar for the purpose of fixing a date for mediation. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 19 April 2016