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The Court found the GP negligent for failing to properly investigate rectal bleeding and tenesmus, causing delayed cancer diagnosis and reduced life expectancy.
The Supreme Court dismissed the proceedings under r 31.36(3) because the plaintiff lacked clear standing, had no compliant expert evidence, and no real prospect of success.
The Court granted leave to rely on fresh expert evidence and to amend the statement of claim, and ordered the plaintiff to pay costs thrown away by the amendment.
Vonhoff v Hillier [2024] NSWSC 1285
The Court extended the long-stop limitation period for a 2006 medical negligence claim, but struck out claims relating to 2010 surgery as time-barred.
Sripathi v Central Coast Local Health District [2024] NSWSC 243
The court granted a separate hearing on liability only in a paediatric medical negligence claim, finding quantum could not yet be assessed and overlap was limited.
Athena Kennedy v Deepika Malhotra [2023] NSWSC 1638
The Court granted an expedited hearing in a medical negligence claim, balancing the plaintiff’s terminal cancer and limited capacity against the defendant’s need for time to prepare.
Haragli v Tan [2021] NSWSC 1581
The court dismissed a challenge to part of a subpoena for the plaintiff’s diaries and journals, finding apparent relevance and no basis to strike it out.
Moss v Coghill [2021] NSWSC 1083
The court granted leave to serve expert medical reports out of time in a complex medical negligence case, finding exceptional circumstances under the UCPR.
Lee (a pseudonym) v Dhupar [2020] NSWDC 717
A District Court negligence case about a failed Filshie clip tubal ligation. The court found the defendant misapplied the clip, rejected statutory defences, and awarded damages.
MacQuarrie v Hunter New England Local Health District [2020] NSWSC 1174
The Supreme Court of NSW refused a late application to file an amended pleading in a medical negligence remitter, finding it vague, overbroad, and contrary to pleading rules.
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