Pantel v Northern Sydney Local Health District

The plaintiff, Pantel, brought a claim against the Northern Sydney Local Health District for professional negligence. The District sought to dismiss the proceedings on the basis that the plaintiff had failed to file an expert's report as required by rule 31.36 of the Uniform Civil Procedure Rules 1999 (NSW). The plaintiff was unrepresented. The Supreme Court of New South Wales considered the application.

The court had to determine whether the proceedings should be dismissed for the plaintiff's failure to file an expert's report and, if so, whether the dismissal should be with or without costs. The court noted that the plaintiff had been repeatedly warned about the necessity of filing an expert's report and had failed to do so. The court held that the proceedings should be dismissed with costs to follow the cause. However, as the plaintiff did not seek enforcement of the costs order, the court stayed the order.

The court dismissed the plaintiff's claim against the District and ordered that costs of the proceedings be paid by the plaintiff to the District to follow the cause, but stayed the order pending further direction.