Compton v Ramsay Health Care Australia Pty Ltd; Ramsay Health Care Australia Pty Ltd v Compton [2016] NSWSC 1331

Supreme Court New South Wales

Medium Neutral Citation: Compton v Ramsay Health Care Australia Pty Ltd; Ramsay Health Care Australia Pty Ltd v Compton [2016] NSWSC 1331 Hearing dates: 9 September 2016 Date of orders: 13 September 2016 Decision date: 13 September 2016 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Plaintiff's application under r 36.15, to set aside judgment in 2014/164906 summarily dismissed. Stay that judgment for 2 months. Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal – plaintiff in 2016 proceedings (Compton) seeks an order that judgment in 2014 proceedings be stayed or set aside – defendant (Ramsay) applies for summary dismissal of the 2016 proceedings – where there was a hearing on the merits and judgment in favour of Ramsay in 2014 proceedings – whether interests of justice dictate that the judgment be set aside, UCPR r 36.15 – principle of finality of litigation – where there are ongoing proceedings in the Federal Court – whether judgment should be stayed pending the outcome of those proceedings – balance of competing considerations – stay granted on limited basis Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alexander v Ajax Insurance Co Ltd [1956] VLR 436 Burrell v The Queen (2008) 238 CLR 218 H R Turner & Son Pty Ltd v Rhodes [1970] 1 NSWR 305 Hughes v Justin [1894] 1 QB 667 Perpetual Trustees Australia Ltd v Heperu Pty Ltd (No. 2) (2009) 78 NSWLR 190 Category: Procedural and other rulings Parties: 2016/189647: Adrian John Compton (Plaintiff) Ramsay Health Care Australia Pty Ltd (Defendant)