Forbes v Tang [2018] NSWDC 320

District Court New South Wales

Medium Neutral Citation: Forbes v Tang [2018] NSWDC 320 Hearing dates: 12 September 2018 Date of orders: 12 September 2018 Decision date: 12 September 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Order 1 of the Summons is granted and pursuant to r 5.3(1) and (3) Uniform Civil Procedure Rules 2005 (NSW), Dr Stanley Tang is to give discovery of the documents set out in the Schedule of Documents to be Discovered, as attached to the Summons filed on 13 August 2018. (2) The documents Dr Tang holds which respond to the Schedule are to be produced within 7 days to the court, and leave to inspect those documents is granted to the plaintiff. (3) Matter stood over to the sittings commencing Monday 26 November 2018 for further directions. (4) Costs to be costs in the cause, but with liberty to the plaintiff and Dr Tang to apply. (5) Grant leave to the plaintiff to file any statement of claim for the commencing of proceedings in 2018/248290. (6) A copy of the judgment to be provided by the Court to Dr Tang, together with a copy of these orders. Catchwords: PRACTICE AND PROCEDURE – pre-trial discovery – professional negligence claim Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW), ss 56-62 Health Records and Information Privacy Act 2002 (NSW), s 13 Uniform Civil Procedure Rules 2005 (NSW), rr 5.2, 5.3 and 21.8 Cases Cited: Hatfield v TCN Channel 9 Pty Limited (2010) 77 NSWLR 506 Roads & Traffic Authority of NSW v Australian National Car Parks Pty Limited (2007) 47 MVR 502; [2007] NSWCA 114 St George Bank Limited v Rabo Australia Limited (2004) 211 ALR 147 Category: Procedural and other rulings Parties: Plaintiff: Terence Forbes Defendant: Stanley Tang Representation: Counsel: Plaintiff: Mr S McMahon Defendant: No appearance