Godsell v Ang (No 2) [2018] NSWSC 795

Supreme Court New South Wales

Medium Neutral Citation: Godsell v Ang (No 2) [2018] NSWSC 795 Hearing dates: 25 May 2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) Order that the net proceeds of the approved compromise after deduction therefrom of any statutory refunds or other repayments to any State or Commonwealth government or statutory authority as may be required by law be paid into court under s 77(2) Civil Procedure Act 2005 (NSW) pending further order. (2) I grant liberty to apply on three days' notice. Catchwords: CIVIL PROCEDURE – professional negligence - duty of care – materialisation of rare but severe side effect of medical treatment - liability – lamotrigine - questions of primary fact - corroboration - causation issues - joint expert report - approval of proposed compromise - mediation unsuccessful - entry into deed of release - court approval required - approved Legislation Cited: Civil Procedure Act 2005 (NSW), s 76, 77; Uniform Civil Procedure Rules 2005 (NSW), r 20.26 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Julie Theresse Godsell (Plaintiff) Dr Pek Ang (Defendant) Representation: Counsel: D Campbell SC with I McGillicuddy (Plaintiff) R Weinstein SC with H Chiu (Defendant)

Solicitors: Beston Macken McManis (Plaintiff) HWL Ebsworth Lawyers (Defendant) File Number(s): 2014/248799 Publication restriction: Non publication order in respect of the amount the plaintiff is entitled to.