Schwerdtfeger v Western NSW Local Health District [2020] NSWDC 30

District Court New South Wales

Medium Neutral Citation: Schwerdtfeger v Western NSW Local Health District [2020] NSWDC 30 Hearing dates: 28 February 2020 Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In relation to the Notice of Motion filed 26 February 2020: (1) The adjournment application is granted. (2) The plaintiff is to pay the costs of the defendants of the adjournment application filed 26 February 2020 including the costs of 28 February 2020 as agreed or assessed. In relation to the Notice of Motion filed 26 April 2019: (3) The further hearing of the Notice of Motion filed 26 April 2019 is adjourned to 9 April 2020 at 10.00am before Dicker DCJ. Catchwords: Civil procedure – adjournment application - torts – medical negligence – alleged failure by plaintiff to file and serve with his Statement of Claim appropriate expert's report or reports – application by defendants to dismiss the whole of the proceedings – plaintiff has briefed a further expert Legislation Cited: Civil Procedure Act 2005 (NSW), ss 55-58, 66 Uniform Civil Procedure Rules 2005, Part 31.36 Cases Cited: Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Category: Procedural and other rulings Parties: Tom Schwerdtfeger (Plaintiff) Western NSW Local Health District (First Defendant) Western Sydney Local Health District (Second Defendant) Representation: Counsel: T Schwerdtfeger (Plaintiff – self represented) S Kettle (Defendants)