Mia-Angel Bridges-Cole by her litigation guardian Chantelle Bridges v Dr Anwarul Islam and Dr Zaffar Hussain [2018] NSWSC 472

Supreme Court New South Wales

Medium Neutral Citation: Mia-Angel Bridges-Cole by her litigation guardian Chantelle Bridges v Dr Anwarul Islam and Dr Zaffar Hussain [2018] NSWSC 472 Hearing dates: 17 April 2018 Date of orders: 17 April 2018 Decision date: 17 April 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) The notice of motion filed on 10 April 2018 by the defendants is dismissed.

(2) The defendants are to file any amended defences in the proceedings by 5pm on Friday 20 April 2018.

(3) The directions hearing before the Registrar on 26 April 2018 is vacated.

(4) The matter is listed before me for directions at 10am on Friday 20 April 2018.

(5) The costs of the motion shall be the plaintiff's costs in the cause. Catchwords: PRACTICE AND PROCEDURE – Application for removal of tutor and a stay of proceedings – Application based upon asserted conflict of interest of the tutor – Where infant plaintiff alleged negligence against the defendants in their capacity as medical practitioners – Where plaintiff's tutor brought proceedings in her own right for nervous shock arising out of the damage allegedly suffered by the plaintiff – Where defendants pleaded a claim for contribution from the tutor in the plaintiff's proceedings on the basis of the tutor being a joint tortfeasor – Where no cross-claim joining the tutor had been filed – Where the Court was informed that the claim for contribution was pressed – Where the Court was then informed that the claim would be withdrawn – Little possibility of conflict where plaintiff and tutor were prosecuting essentially the same case – No other person available to act as tutor – Possibility of plaintiff's case being stultified if orders were made – Motion dismissed