Schwerdtfeger v Western NSW Local Health District (No 2) [2020] NSWDC 158

District Court New South Wales

Medium Neutral Citation: Schwerdtfeger v Western NSW Local Health District (No 2) [2020] NSWDC 158 Hearing dates: 3 May 2019; 2 August 2019; 16 September 2019; 22 November 2019; 28 February 2020; 9 April 2020; 22 April 2020 Date of orders: 29 April 2020 Decision date: 29 April 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In relation to the plaintiff's oral application made on 22 April 2020 for a further adjournment: (1) The adjournment application is refused. (2) The plaintiff is to pay the costs of the defendants of the adjournment application as agreed or assessed.

In relation to the Notice of Motion filed on 26 April 2019: (1) The proceedings are dismissed. (2) The plaintiff is to pay the costs of the defendants of the proceedings as agreed or assessed. (3) Any application for a different costs order to that in (2) above should be made within 14 days. (4) The exhibits are to remain with the file until further order. Catchwords: Civil procedure - adjournment application – whether a Notice of Motion should be further adjourned as sought by the plaintiff

Torts - medical negligence - alleged failure by plaintiff to file and serve with his Statement of Claim appropriate expert's report or reports – alleged failure by the plaintiff to thereafter file and serve appropriate expert's report or reports - application by defendants under Part 31.36 to dismiss the whole of the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules, Part 31.36 Cases Cited: Aldous v State of New South Wales [2018] NSWCA 261 Barker (Thomas) v Hodgkinson [2013] NSWSC 1404 Dickens (a pseudonym) v State of New South Wales [2018] NSWCA 222 Karam v Palmone Shoes Pty Ltd [2012] VSCA 97 McGarry v Southern NSW Local Health Network [2013] NSWSC 1109 Roach v Malsave Pty Ltd [2020] NSWSC 364 Salzke v Khoury [2009] NSWCA 195; (2009) 74 NSWLR 580 Schwerdtfeger v Western NSW Local Health District [2020] NSWDC 30 Zakaria v Dr Noyce [2012] NSWSC 981 Category: Principal judgment 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) M Deng (Defendants) (3 May 2019); S Kettle (Defendants) (16 September 2019 and 28 February 2020); J Raftery (Defendants) (22 November 2019; 9 April 2020; 22 April 2020)