Athena Kennedy v Deepika Malhotra [2023] NSWSC 1638

Athena Kennedy v Deepika Malhotra [2023] NSWSC 1638

It is appropriate to grant the application for expedition and list the matter for hearing from 2 to 5 April 2024, balancing the plaintiff's critical health condition and the need for fairness to the defendant.

Parties
Plaintiff: Athena Kennedy; Defendant: Deepika Malhotra
Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Professional Negligence – Medical Negligence / Ruling on Notice of Motion for Expedition
Outcome
Notice of motion for expedition granted; matter listed for hearing and further case management orders.
Legal Topics
Expedition of Hearing, Case Management, Balancing Prejudice Between Parties
Practice & Procedure Medical Negligence Expedition of Hearing Case Management Balancing Prejudice Between Parties

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Parties

Athena Kennedy

Plaintiff

Deepika Malhotra

Defendant

Procedural Posture

Professional Negligence – Medical Negligence / Ruling on Notice of Motion for Expedition

Legal Issues

  1. 1 Whether the hearing of the medical negligence proceeding should be expedited in light of the plaintiff's health condition and the stage of preparation by the defendant

Ratio Decidendi

It is appropriate to grant the application for expedition and list the matter for hearing from 2 to 5 April 2024, balancing the plaintiff's critical health condition and the need for fairness to the defendant.

Court Disposition

Notice of motion for expedition granted; matter listed for hearing and further case management orders.

Orders

  • Notice of motion seeking expedition granted.
  • Matter listed for hearing from 2 to 5 April 2024.