Coffey v Murrumbidgee Local Health District [2018] NSWSC 1538

Supreme Court New South Wales

Medium Neutral Citation: Coffey v Murrumbidgee Local Health District [2018] NSWSC 1538 Hearing dates: 05 October 2018 Date of orders: 05 October 2018 Decision date: 05 October 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Declare that the defendant, through its solicitors, is not prevented from interviewing Dr John Preddy in relation to his observations of, and the treatment and care provided to, the plaintiff on 19 January 2004 in Wagga Wagga Base Hospital and any facts, matters and circumstances related thereto by any relationship of confidentiality between Dr John Preddy and the plaintiff to the extent that such relationship existed. (2) Order the plaintiff to pay the defendant's costs of and incidental to the Notice of Motion. Catchwords: CIVIL PROCEDURE – personal injury litigation –declaration sought by defendant that it is permitted to interview medical practitioner at its hospital – resisted by plaintiff on basis of doctor-patient confidentiality – where no relationship of confidentiality between the doctor and the plaintiff existed at the relevant time – defendant entitled to prepare for hearing – declaration made

COSTS – unreasonable position adopted by legal representatives for the plaintiff – necessary for defendant to bring application – defendant awarded costs of and incidental to the motion Legislation Cited: Not Applicable Cases Cited: Richards v Kadian by his Tutor Kadian and Others [2005] NSWCA 362; (2005) 64 NSWLR 204 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: James Phillip Coffey (P) (2011/108788) Kathleen Amanda Coffey (P) (2011/110448) Murrumbidgee Local Health District (D) Representation: Counsel: J A Hillier (P) R Cheney SC / J Dowling (D)