Doughty v Hillier (No 2) [2024] NSWSC 1484

Doughty v Hillier (No 2) [2024] NSWSC 1484

The plaintiff's claims were statute barred and there was no valid basis for an extension or suspension of the limitation period; the defendant's Calderbank offer constituted a genuine compromise, the plaintiff's failure to accept was unreasonable, justifying indemnity costs from 16 September 2023; costs of the defendant’s Notice of Motion are not to be carved out as it was necessitated by the plaintiff's conduct.

Parties
Plaintiff: Vicki Maree Doughty; Defendant: Terrence Hillier
Jurisdiction
Australia
Judgment Date
22 November 2024
Procedural Posture
Civil / Final Judgment and Costs Order
Outcome
Plaintiff’s Further Amended Notice of Motion dismissed; proceedings dismissed; plaintiff to pay the defendant’s costs, including indemnity costs after 16 September 2023.
Legal Topics
Costs, Limitation of Actions, Medical Negligence, Calderbank Offers
Tort Law Civil Procedure Costs Limitation of Actions Medical Negligence Calderbank Offers

Case Brief

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Parties

Vicki Maree Doughty

Plaintiff

Terrence Hillier

Defendant

Procedural Posture

Civil / Final Judgment and Costs Order

Legal Issues

  1. 1 Whether the plaintiff's claims are statute barred under the Limitation Act 1969 (NSW)
  2. 2 Whether the limitation periods should be extended or treated as suspended due to disability
  3. 3 Who should bear the costs of the proceedings, including whether costs should be awarded on an indemnity basis after a Calderbank offer

Ratio Decidendi

The plaintiff's claims were statute barred and there was no valid basis for an extension or suspension of the limitation period; the defendant's Calderbank offer constituted a genuine compromise, the plaintiff's failure to accept was unreasonable, justifying indemnity costs from 16 September 2023; costs of the defendant’s Notice of Motion are not to be carved out as it was necessitated by the plaintiff's conduct.

Court Disposition

Plaintiff’s Further Amended Notice of Motion dismissed; proceedings dismissed; plaintiff to pay the defendant’s costs, including indemnity costs after 16 September 2023.

Orders

  • Plaintiff's Further Amended Notice of Motion filed on 19 August 2024 is dismissed.
  • Proceedings dismissed.