Bell v Central Coast Area Health Service & Anor [2002] NSWSC 57

Bell v Central Coast Area Health Service & Anor [2002] NSWSC 57

Considering all circumstances, including the explanation for delay and absence of evidence of actual prejudice, it is just and reasonable for the limitation period to be extended and leave granted to add Dr Morton and file an Amended Statement of Claim.

Parties
Plaintiff: Stuart Graham Bell; First Defendant: Central Coast Area Health Service; Second Defendant (discontinued): Dr Ian Stokes; Proposed Second Defendant: Dr John Morton
Jurisdiction
Australia
Judgment Date
15 February 2002
Procedural Posture
Medical Negligence / Interlocutory Application for Extension of Limitation Period
Outcome
Application granted
Legal Topics
Medical Negligence, Extension of Limitation Period
Civil Law Professional Negligence Medical Negligence Extension of Limitation Period

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Parties

Stuart Graham Bell

Plaintiff

Central Coast Area Health Service

First Defendant

Dr Ian Stokes

Second Defendant (discontinued)

Dr John Morton

Proposed Second Defendant

Procedural Posture

Medical Negligence / Interlocutory Application for Extension of Limitation Period

Legal Issues

  1. 1 Should the limitation period be extended for the plaintiff's medical negligence claim under the Limitation Act 1969 s 60C?
  2. 2 Is the plaintiff entitled to add Dr John Morton as a second defendant and file an amended statement of claim?

Ratio Decidendi

Considering all circumstances, including the explanation for delay and absence of evidence of actual prejudice, it is just and reasonable for the limitation period to be extended and leave granted to add Dr Morton and file an Amended Statement of Claim.

Court Disposition

Application granted

Orders

  • Leave granted to add Dr John Morton as the second defendant.
  • Leave granted to file an Amended Statement of Claim in the form of Annexure A to the affidavit of Christine Louise Perry sworn on 22 August 2001.