Rusan by his tutor Grace Rusan v The Congregation of Religious Sisters of Charity of Australia trading as St Vincents Private Hospital; ; Rusan v The Congregation of Religious Sisters of Charity of Australia trading as St Vincents Private Hospital Sydney Ltd [2018] NSWSC 1843

Supreme Court New South Wales

Medium Neutral Citation: Rusan by his tutor Grace Rusan v The Congregation of Religious Sisters of Charity of Australia trading as St Vincents Private Hospital; ; Rusan v The Congregation of Religious Sisters of Charity of Australia trading as St Vincents Private Hospital Sydney Ltd [2018] NSWSC 1843 Hearing dates: 30 November 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to s 26 of the Civil Procedure Act, I refer the proceedings for mediation by a mediator to be agreed between the parties, such mediation to be held on or before 12 April 2019; I note the obligation of the parties under s 27 of the Act to participate in good faith in the mediation; I fix the proceedings for hearing on 6 May 2019 with an estimate of 2 weeks; I direct the defendants to serve their evidence on or before 29 March 2019; I note the defendants' compliance with that order is subject to their experts being granted access to the plaintiff for the purpose of examining him in a timely way before that date; I order that the costs of today's application be costs in the cause. Catchwords: CIVIL PROCEDURE – application for expedited hearing – proceedings for medical negligence – where plaintiff's condition is extremely poor – third defendant joined recently – whether third defendant would have a fair opportunity to prepare defence if proceedings expedited – appointment of public guardian – need for medicolegal experts to obtain access to the plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW), ss 26, 61 Category: Procedural and other rulings Parties: Proceedings 2018/63798: Adam Rusan by his tutor Grace Rusan (plaintiff) The Congregation of Religious Sisters of Charity of Australia trading as St Vincent's Private Hospital Sydney (first defendant) Richard Gallagher (second defendant) Sean Scott (third defendant)