Robert Carl Klewer v Sydney Children’s Hospital Specialty Network [2017] NSWSC 88

Supreme Court New South Wales

Medium Neutral Citation: Robert Carl Klewer v Sydney Children's Hospital Specialty Network [2017] NSWSC 88 Hearing dates: 7 February 2017 Date of orders: 07 February 2017 Decision date: 07 February 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) The proceedings are dismissed. (2) Each party bear his or its own costs. (3) In the event of any recommencement of the proceedings, the defendant may not raise the principle discussed in Batistatos v Roads and Traffic Authority without the leave of the Court. Catchwords: PRACTICE AND PROCEDURE –dismissal for want of prosecution – plaintiff under legal disability with no acceptable tutor available – plaintiff's rights to recommence proceedings not extinguished – defendant at unfair disadvantage - permanent stay inappropriate in the circumstances Legislation Cited: Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW) Vexatious Proceedings Act 2008 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Klewer v Sydney Children's Hospital Speciality Network [2015] NSWSC 1493 Smith v NRMA Insurance Ltd [2016] NSWSC 250 Category: Procedural and other rulings Parties: Robert Carl Klewer (Plaintiff) Sydney Children's Hospital Specialty Network (Defendant) Representation: Counsel: Mrs Klewer (plaintiff's mother, by leave) (Plaintiff) R H Weinstein SC (Defendant)