Barlow v St Vincent's Hospital Sydney Limited

Barlow and others sought damages from St Vincent’s Hospital Sydney Limited for negligently administering chemotherapy in doses that were insufficient, which caused harm to the patients and their families. The plaintiffs alleged that the hospital breached its duty of care and skill by failing to adhere to relevant protocols, which resulted in the patients being underdosed and suffering from mental harm. The case was heard in the Supreme Court of New South Wales.

The court was required to determine whether a reasonable cause of action existed in the plaintiffs' claims, as well as whether the plaintiffs' pleadings were in compliance with the Civil Procedure Rules 2005 (NSW). The court also had to consider whether the plaintiffs were eligible to claim damages for pure mental harm and whether the defendant was entitled to an expert report to support the breach of duty.

The court held that the plaintiffs' Statement of Claim did not disclose a reasonable cause of action and dismissed the proceedings brought by Allana Kemp. The court found that the plaintiffs were not eligible to claim damages for pure mental harm because they did not witness the patients being put in peril, and the expert report was not required because the plaintiffs had not alleged a breach of duty. The court granted leave to the plaintiffs to amend their Statement of Claim and dismissed the defendant’s and plaintiff’s Motions. The defendant was ordered to pay its own costs, and the plaintiffs were ordered to pay their own costs.

The court made orders dismissing the proceedings brought by Allana Kemp and granting leave to the other plaintiffs to amend their Statement of Claim. The court also ordered the defendant to pay its own costs and the plaintiffs to pay their own costs.