Skues v The Children's Hospital at Westmead

[2021] NSWSC 512

Supreme Court

New South Wales

Case Name:	Skues v The Children’s Hospital at Westmead
Medium Neutral Citation:	[2021] NSWSC 512
Hearing Date(s):	5 May 2021
Date of Orders:	11 May 2021
Decision Date:	11 May 2021
Jurisdiction:	Common Law
Before:	Harrison J
Decision:	See [5]
Catchwords:	CONSENT ORDERS – whether question of defendant’s liability should be decided separately from question of damages – whether hearing date should be vacated – where there is difficulty obtaining suitable expert with sufficient knowledge of rare condition – payment of defendant’s costs
Category:	Procedural rulings
Parties:	Kaelen Skues bhnf Steven Skues (Plaintiff – 2010/324864) Katherine Skues (Plaintiff – 2010/324877) The Sydney Children’s Hospital Network (Defendant)
Representation:	Counsel: A J Bartley SC with M Robinson (Plaintiffs) J M Sandford (Defendant) Solicitors: Beilby Poulden Costello (BPC) Lawyers (Plaintiffs) McCabe Curwood (Defendant)
File Number(s):	2010/324864 and 2010/324877
Publication Restriction:	Nil

JUDGMENT

1. HIS HONOUR: By notice of motion dated 4 May 2021 and filed in court on 5 May 2021, the defendant seeks an order pursuant to UCPR 28.2 that the question of the defendant’s liability be decided separately from the question of quantum. The order is not opposed.

2. The plaintiff had earlier sought an order by notice of motion filed on 29 April 2021 that the hearing of the matter scheduled to commence on 5 July 2021 be vacated. That order was opposed.

3. One of the central issues in these proceedings concerns the question of whether the plaintiff’s serious medical problems were the result of the defendant’s negligence or were the result of the GRIN2A genetic variation present in the male members of his family. The plaintiff’s legal representatives have encountered difficulties throughout the history of these proceedings in obtaining a suitable expert with knowledge of this rare condition. It was this type of difficulty that appeared to imperil the matter proceeding on all issues in July.

4. I am not generally an enthusiastic proponent of the separate determination of issues except in appropriate cases. This is such a case.

5. Accordingly, I will order that the question of the defendant’s liability be decided separately from the question of damages. I confirm the hearing date. By consent I will also make directions in accordance with paragraphs 1 to 13 inclusive of a document entitled Consent Order dated 5 May 2021 and signed by the legal representatives of the parties. I note the agreement between the parties concerning payment of the defendant’s costs of and incidental to the notices of motion dated 29 April 2021 and 4 May 2021.

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