Coffey v Murrumbidgee Local Health District formerly known as Greater Murray Area Health Service [2018] NSWSC 887

Supreme Court New South Wales

Medium Neutral Citation: Coffey v Murrumbidgee Local Health District formerly known as Greater Murray Area Health Service [2018] NSWSC 887 Hearing dates: 8 June 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Common Law Before: Harrison J Decision: (1) Grant leave to the defendant to file an amended defence in the form exhibited to the affidavit of Jacqueline Anne Marie Fox dated 5 June 2018. (2) Grant leave to the plaintiff if so advised to serve a report from a geneticist by no later than 5.00 pm on Friday 17 August 2018. (3) Order that the plaintiff will not be permitted to serve any report contemplated by order (2) other than in accordance with the timetable provided by that order. (4) Order that the costs of this application be the defendant's costs in the proceedings. Catchwords: CIVIL PROCEDURE – pleadings – amendment – application to amend defence – where no disadvantage to the plaintiff – where amendment clarifies the defendant's position

CIVIL PROCEDURE – application by the plaintiff to serve additional medical evidence – where no prejudice to the defendant – where evidence relates to a potentially significant issue Legislation Cited: Civil Liability Act 2002 (NSW), s 5O Civil Procedure Act 2005 (NSW), s 56 Category: Procedural and other rulings Parties: James Phillip Coffey by his tutor Kathleen Amanda Coffey (Plaintiff) Murrumbidgee Local Health District formerly known as Greater Murray Area Health Service (Defendant) Representation: Counsel: JA Hillier (Plaintiff) R Cheney SC with J Downing (Defendant)