Coffey v Murrumbidgee Local Health District formerly known as Greater Murray Area Health Service [2019] NSWSC 1265

Supreme Court New South Wales

Medium Neutral Citation: Coffey v Murrumbidgee Local Health District formerly known as Greater Murray Area Health Service [2019] NSWSC 1265 Hearing dates: 5-9, 12-15, 20-22, 26, 28 and 29 November 2018. Written submissions in 2019. Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Common Law Before: Harrison J Decision: Judgment for the defendant. Catchwords: TORTS – negligence – where plaintiff alleges hospital was negligent by failing to transfer her to appropriate hospital for birth of son – where plaintiff alleges hospital failed appropriately to care for son after his birth – where plaintiff sues for nervous shock – whether hospital acted in a manner that was widely accepted by peer professional opinion as competent professional practice – standard of care met by hospital

LIMITATION OF ACTIONS – torts – where statement of claim filed 7 years and 2 months after events giving rise to cause of action – whether cause of action was undiscoverable until later date – whether plaintiff under a disability such that limitation period suspended – cause of action not maintainable Legislation Cited: Civil Liability Act 2005 (NSW), ss 43A, 5B, 5O Limitation Act 1969 (NSW), ss 50C, 50D, 50F Cases Cited: Baker-Morrison v State of New South Wales (2009) 74 NSWLR 454; [2009] NSWCA 35 Dobler v Halverson (2007) 70 NSWLR 151; [2007] NSWCA 335 Frizelle v Bauer [2009] NSWCA 239 Guthrie v Spence (2009) 78 NSWLR 225; [2009] NSWCA 369 Kotulski v Attard [1981] 1 NSWLR 115 New South Wales v Harlum [2007] NSWCA 120 South West Sydney Local Health District v Gould (2018) 97 NSWLR 513; [2018] NSWCA 69 Sparks v Hobson (2018) 361 ALR 115; [2018] NSWCA 29 Sydney South West Area Health Service v MD (2009) 260 ALR 702; [2009] NSWCA 343 Category: Principal judgment Parties: James Phillip Coffey by his tutor Kathleen Amanda Coffey (Plaintiff) Kathleen Amanda Coffey (Plaintiff) Murrumbidgee Local Health District formerly known as Greater Murray Area Health Service (Defendant) Representation: Counsel: A Bartley SC with R Ingram and JA Hillier (Plaintiffs) R Cheney SC with J Downing and N Bentley (Defendant)