Portia Gatti bhnf Rebecca Gatti v Calvary Health Care Riverina Limited [2015] NSWSC 101

Portia Gatti bhnf Rebecca Gatti v Calvary Health Care Riverina Limited [2015] NSWSC 101

It is in the best interests of the plaintiff to grant leave to discontinue proceedings against the first defendant, given the medical evidence of insignificant injuries and difficulties in establishing causation, and no injustice appears to be caused to either defendant by making no costs orders between plaintiff and first defendant.

Jurisdiction
Australia
Judgment Date
24 February 2015
Procedural Posture
Medical Negligence / Leave to Discontinue Proceedings Against First Defendant
Outcome
Leave granted to discontinue against first defendant. No order as to costs between plaintiff and first defendant. Balance of proceedings listed for further directions.
Legal Topics
['discontinuance of Proceedings' 'costs Orders' 'infant Plaintiff' 'causation']
['medical Negligence' 'procedural Law'] ['discontinuance of Proceedings' 'costs Orders' 'infant Plaintiff' 'causation']

Case Brief

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Procedural Posture

Medical Negligence / Leave to Discontinue Proceedings Against First Defendant

Legal Issues

  1. 1 ['Should leave be granted to the plaintiff to discontinue proceedings against the first defendant?' 'Should costs orders be made between plaintiff and first defendant upon discontinuance?' 'Should the balance of proceedings be listed for further directions?']

Ratio Decidendi

It is in the best interests of the plaintiff to grant leave to discontinue proceedings against the first defendant, given the medical evidence of insignificant injuries and difficulties in establishing causation, and no injustice appears to be caused to either defendant by making no costs orders between plaintiff and first defendant.

Court Disposition

Leave granted to discontinue against first defendant. No order as to costs between plaintiff and first defendant. Balance of proceedings listed for further directions.

Orders

  • ['Grant leave to discontinue proceedings against the first defendant.' 'Make no order as to costs between plaintiff and first defendant; each to bear own costs.' 'Balance of proceedings listed before court for directions on 6 March 2015.']