Chandrasekaran v Western Sydney Local Health District t/a Westmead Hospital [2018] NSWSC 1682

Supreme Court New South Wales

Medium Neutral Citation: Chandrasekaran v Western Sydney Local Health District t/a Westmead Hospital [2018] NSWSC 1682 Hearing dates: 2 November 2018 Decision date: 02 November 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) By consent of the first and second defendants, strike out paragraphs [15] and [16(d)] of the amended statement of claim filed on 10 September 2018;

(2) Direct the plaintiff to file and serve a further amended statement of claim by 23 November 2018.

(3) By consent, dismiss the second defendant's notice of motion filed 21 September 2018.

(4) Order that each party pay its or her own costs of the second defendant's notice of motion filed 21 September 2018.

(5) Stand the proceedings over to the Registrar's list on 27 November 2018 for further directions. Catchwords: PRACTICE AND PROCEDURE – application to dismiss statement of claim – no reasonable cause of action disclosed – counsel indicated proposed causes of action in submissions – application dismissed – plaintiff granted leave to replead

PRACTICE AND PROCEDURE – reason to depart from general rule that costs follow the event – application brought about by deficiencies in the plaintiff's pleading – each party to bear own costs Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6, ss 57, 58, 146 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 42.1 Cases Cited: Ford v Nagle [2004] NSWCA 33 Wickstead v Browne (1992) 30 NSWLR 1 Category: Procedural and other rulings Parties: Sujatha Chandrasekaran (Plaintiff) Western Sydney Local Health District t/a Westmead Hospital (First Defendant) Charterhouse Medical Pty Limited (Second Defendant) Representation: Counsel: PE King (Plaintiff) TL Wong (First Defendant) K Petch (Second Defendant)