O’Reilly v Western Sussex Hospitals NHS Trust [2010] NSWSC 909

O’Reilly v Western Sussex Hospitals NHS Trust [2010] NSWSC 909

The Court is not a clearly inappropriate forum for the proceedings as the plaintiff would be seriously disadvantaged if required to litigate in England, particularly given her caregiving obligations and financial situation. There are significant personal and practical barriers to pursuit of the claim in England, and no legal impediment to proceeding in NSW. The application for a permanent stay is therefore refused.

Parties
Plaintiff: Sue Ellen O'Reilly; First Defendant: Western Sussex Hospitals NHS Trust; Second Defendant: Charles Wood; Third Defendant: Manoj Sen; Fourth Defendant: Mansour Poushin
Jurisdiction
Australia
Judgment Date
20 August 2010
Procedural Posture
Notice of Motion (stay of Proceedings) / Interlocutory Application
Outcome
Notice of motion dismissed; costs ordered in favour of plaintiff.
Legal Topics
Stay of Proceedings, Forum Non Conveniens, Negligence, Jurisdiction
Civil Procedure Tort Law Stay of Proceedings Forum Non Conveniens Negligence Jurisdiction

Case Brief

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Parties

Sue Ellen O'Reilly

Plaintiff

Western Sussex Hospitals NHS Trust

First Defendant

Charles Wood

Second Defendant

Manoj Sen

Third Defendant

Mansour Poushin

Fourth Defendant

Procedural Posture

Notice of Motion (stay of Proceedings) / Interlocutory Application

Legal Issues

  1. 1 Whether this Court is a clearly inappropriate forum to entertain proceedings brought for alleged medical negligence occurring in England
  2. 2 Whether proceedings should be permanently stayed in favour of litigation in England

Ratio Decidendi

The Court is not a clearly inappropriate forum for the proceedings as the plaintiff would be seriously disadvantaged if required to litigate in England, particularly given her caregiving obligations and financial situation. There are significant personal and practical barriers to pursuit of the claim in England, and no legal impediment to proceeding in NSW. The application for a permanent stay is therefore refused.

Court Disposition

Notice of motion dismissed; costs ordered in favour of plaintiff.

Orders

  • The notice of motion is dismissed.
  • The defendant is to pay the plaintiff's costs of this application.