McGarry v Southern NSW Local Health District [2017] NSWSC 305

Supreme Court New South Wales

Medium Neutral Citation: McGarry v Southern NSW Local Health District [2017] NSWSC 305 Hearing dates: 27 March 2017 Decision date: 29 March 2017 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff is granted leave to file and serve a second further amended statement of claim, in the form foreshadowed by the end of the hearing before me on 27 March 2017. (2) The plaintiff must pay the costs of each of the defendants occasioned by the filing of that second further amended statement of claim. (3) The notice of motion of the plaintiff of 19 January 2017 is dismissed. (4) The plaintiff must pay the costs of each of the defendants of the proceedings before me with regard to the notice of motion of 19 January 2017. Catchwords: CIVIL – PROCEDURE – personal injury proceedings – application to file and serve further pleadings – leave granted to file and serve second further amended statement of claim – application in relation to previously agreed timetabling orders with regard to expert evidence – notice of motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 64 Trade Practices Act 1974 (Cth) (repealed) Uniform Civil Procedure Rules 2005 (NSW), r 31.36 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 The Queen v Edwards (2009) 83 ALJR 717; [2009] HCA 20 Category: Procedural and other rulings Parties: Jennifer Henriette Jacqueline McGarry (Plaintiff) Southern NSW Local Health District (First Defendant) Dr Matthew Nott (Second Defendant) Stryker Australia Pty Limited (Third Defendant) Representation: Counsel: I D Roberts SC (Plaintiff) M B Inglis (Plaintiff) J Downing (First Defendant) B Bradley (Second Defendant) L T Livingston (Third Defendant)