Schwerdtfeger v Western NSW Local Health District [2020] NSWDC 30

Schwerdtfeger v Western NSW Local Health District [2020] NSWDC 30

The adjournment was granted because although the plaintiff had multiple opportunities and delays in obtaining a compliant expert report, a new expert had been retained with an expected report due shortly, and the interests of justice, including the limited further delay and plaintiff's ongoing health issues, warranted one further opportunity. However, the costs occasioned by the adjournment should be paid by the plaintiff.

Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Civil / Interlocutory Application for Adjournment of Motion to Dismiss for Failure to Serve Compliant Expert's Report in Medical Negligence Claim
Outcome
Adjournment granted; plaintiff to pay costs of defendants for this adjournment application; further hearing of dismissal motion adjourned
Legal Topics
['adjournment' 'medical Negligence' 'expert Evidence' 'dismissal for Non Compliance']
['civil Procedure' 'torts'] ['adjournment' 'medical Negligence' 'expert Evidence' 'dismissal for Non Compliance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Application for Adjournment of Motion to Dismiss for Failure to Serve Compliant Expert's Report in Medical Negligence Claim

Legal Issues

  1. 1 ['Whether the plaintiff should be granted a further adjournment to obtain an expert report complying with Part 31.36 of the UCPR' 'Whether costs should be awarded as a result of the adjournment']

Ratio Decidendi

The adjournment was granted because although the plaintiff had multiple opportunities and delays in obtaining a compliant expert report, a new expert had been retained with an expected report due shortly, and the interests of justice, including the limited further delay and plaintiff's ongoing health issues, warranted one further opportunity. However, the costs occasioned by the adjournment should be paid by the plaintiff.

Court Disposition

Adjournment granted; plaintiff to pay costs of defendants for this adjournment application; further hearing of dismissal motion adjourned

Orders

  • ['The adjournment application (Notice of Motion filed 26 February 2020) is granted.' 'The plaintiff is to pay the costs of the defendants of the adjournment application filed 26 February 2020 including the costs of 28 February 2020 as agreed or assessed.' 'The further hearing of the Notice of Motion filed 26 April...