Donaghy v Wentworth Area Health Service

In the matter of Donaghy versus Wentworth Area Health Service, the plaintiff sought an adjournment of the hearing and leave to give evidence by affidavit, and to be cross-examined on that evidence. The dispute concerns a claim for damages for personal injury suffered by the plaintiff as a result of medical negligence by the defendant. The case was before the Supreme Court of New South Wales. The plaintiff argued that due to the COVID-19 pandemic, they were unable to attend court in person and that the matter should be adjourned. Additionally, they sought to give evidence by affidavit and be cross-examined on that evidence.

The court considered the plaintiff's application for an adjournment and whether it was appropriate for the plaintiff to give evidence by affidavit and to be cross-examined on that evidence. The court examined the circumstances of the case and the impact of the pandemic on the ability of the plaintiff to attend court in person. The court also considered the legal principles governing the admissibility of affidavit evidence and the scope of cross-examination. The court held that the plaintiff's application for an adjournment was not appropriate as the pandemic did not provide a sufficient reason to adjourn the hearing. The court also held that it was not open to the plaintiff to give evidence by affidavit and be cross-examined on that evidence as this would not provide an adequate opportunity for the defendant to challenge the evidence and to conduct a fair trial.

The court dismissed the plaintiff's application for an adjournment and leave to give evidence by affidavit and be cross-examined on that evidence. The court ordered that the matter proceed to a final hearing as scheduled. The court further ordered that the plaintiff attend court in person and give evidence orally, subject to any directions the court may give in relation to COVID-19 precautions.