Bishop-Kinlyside v Hunter New England Area Health Service [2023] NSWSC 1331

Bishop-Kinlyside v Hunter New England Area Health Service [2023] NSWSC 1331

The plaintiffs had not shown that separating for later determination the damages for additional care costs after Jaxon turns 12 was justified. The proceedings were at an early stage, substantial damages evidence would be needed at both hearings, there would be overlap of lay and expert witnesses, the first hearing would not resolve all issues unless the plaintiffs failed, the likely delay to an all-issues hearing was not significant, and separation would likely cause considerable additional costs rather than savings.

Jurisdiction
Australia
Judgment Date
18 October 2023
Procedural Posture
Medical Negligence Proceedings; Plaintiffs' Motion for a Separate Question / Procedural Ruling on Motion Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
The plaintiffs' motion is dismissed.
Legal Topics
['separate Question' 'additional Costs of Rearing or Maintaining a Child With Disability' 'wrongful Birth Damages' 'case Management' 'civil Liability Act Limitation on Child Rearing Costs']
['negligence' 'medical Negligence' 'civil Procedure' 'damages'] ['separate Question' 'additional Costs of Rearing or Maintaining a Child With Disability' 'wrongful Birth Damages' 'case Management' 'civil Liability Act Limitation on Child Rearing Costs']

Case Brief

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Procedural Posture

Medical Negligence Proceedings; Plaintiffs' Motion for a Separate Question / Procedural Ruling on Motion Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether the Court should order that liability and part of damages be determined before a final assessment of damages.' 'Whether assessment of damages for additional costs incurred after Jaxon turns 12 should be left for later determination as a separate question.' 'Whether separation would accord with the dictates of justice and the overriding purpose, having regard to likely overlap of evidence, costs, delay and the need for further hearings.']

Ratio Decidendi

The plaintiffs had not shown that separating for later determination the damages for additional care costs after Jaxon turns 12 was justified. The proceedings were at an early stage, substantial damages evidence would be needed at both hearings, there would be overlap of lay and expert witnesses, the first hearing would not resolve all issues unless the plaintiffs failed, the likely delay to an all-issues hearing was not significant, and separation would likely cause considerable additional costs rather than savings.

Court Disposition

The plaintiffs' motion is dismissed.

Orders

  • ["The plaintiffs' motion is dismissed."]