Smith v Southern NSW Local Health District [2022] NSWDC xxx (not yet online – Balla ADCJ 20 July 2022)
In 2018 Mr Smith died at Cooma Hospital.. Claims were made for mental harm compensation by a number of family members. At a later time, additional mental harm claims were filed, along with a claim under the Compensation to Relatives Act.
This interlocutory decision concerned an application by the defendant for a separate hearing on liability, which the plaintiff said was premature as the medical evidence had not all been served and a conclave had not been held. However the court later noted that waiting for those steps would mean that additional costs would be incurred.
The matter had been set down for hearing with an estimate of 5 days, but that did not take into account additional claims which had been filed on the same day as the hearing allocation, of which the Judicial Registrar was then unaware.
The defendant submitted that the costs of a liability hearing would be about $120,000 however if the damages issues were also dealt with the costs would be up to $280,000 allowing for a longer hearing including damages issues.
The Court at [14] concluded that the just, quick and cheap resolution of the matter would be assisted by a separate liability hearing (on the date already allocated) and orders were made accordingly.
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