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

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

Given the plaintiff's deteriorating health and the real risk he may die before the proceedings are heard unless expedited, it is appropriate to make directions to expedite the matter, order mediation by 12 April 2019, fix a hearing date for 6 May 2019, and make evidence service conditional on appropriate expert access to the plaintiff, noting court powers to assist if disputes arise.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Medical Negligence / Pre Trial Directions/orders
Outcome
Orders made for mediation, directions for evidence, fixing of hearing date, costs in the cause.
Legal Topics
['expedited Hearing' 'mediation' 'case Management' 'appointment of Public Guardian' 'access for Medicolegal Experts']
['civil Procedure' 'medical Negligence'] ['expedited Hearing' 'mediation' 'case Management' 'appointment of Public Guardian' 'access for Medicolegal Experts']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Medical Negligence / Pre Trial Directions/orders

Legal Issues

  1. 1 ["Should the proceedings be expedited given the plaintiff's deteriorating condition?" 'Is it fair to require the third defendant to prepare a defence on an expedited basis after being recently joined?' "What arrangements should be made to ensure parties' medicolegal experts have access to the plaintiff for examination?" 'What conditions should be attached to service of evidence and access to medical records?']

Ratio Decidendi

Given the plaintiff's deteriorating health and the real risk he may die before the proceedings are heard unless expedited, it is appropriate to make directions to expedite the matter, order mediation by 12 April 2019, fix a hearing date for 6 May 2019, and make evidence service conditional on appropriate expert access to the plaintiff, noting court powers to assist if disputes arise.

Court Disposition

Orders made for mediation, directions for evidence, fixing of hearing date, costs in the cause.

Orders

  • ['Matter fixed for hearing on 6 May 2019 with an estimate of two weeks.' 'Proceedings referred to mediation to be held on or before 12 April 2019 with parties obligated to participate in good faith.' 'Defendants to serve their evidence on or before 29 March 2019, subject to their experts being granted access to the...