Wei Fan v South Eastern Sydney Local Health District (No 3)

The case of Wei Fan versus South Eastern Sydney Local Health District (No 3) was heard by the Supreme Court of New South Wales. The plaintiff, Wei Fan, brought a claim against the defendant, South Eastern Sydney Local Health District, for professional medical negligence. The plaintiff alleged that the defendant had failed to provide appropriate care, resulting in significant harm. The case was determined in favour of the defendant, and judgment was entered accordingly.

The legal issues before the court included whether the costs of the litigation should be awarded on an indemnity basis, given that the plaintiff had not succeeded in their claim. Additionally, the court had to consider whether the costs should be assessed on a gross sum basis due to the three offers of compromise made by the defendant. The court also needed to evaluate whether a broad brush approach should be taken to the assessment of costs, given the likelihood of a protracted and expensive assessment process.

In determining the appropriate costs order, the court noted that the general rule is that costs follow the event. However, the court acknowledged that there was no point of principle involved in the case, as the plaintiff's claim for professional medical negligence was not successful. The court further considered the three offers of compromise made by the defendant and found that they were reasonable and should be taken into account. As a result, the court concluded that a broad brush approach to the assessment of costs was appropriate, given the likely expense and duration of a detailed assessment.

Consequently, the court ordered that the costs of the litigation be paid by the plaintiff to the defendant on a gross sum basis, taking into account the three offers of compromise. The court emphasised that this approach was necessary to avoid an unduly protracted and expensive assessment process. The final orders were that the plaintiff was to pay the defendant's costs of the litigation on a gross sum basis, reflecting the three offers of compromise made during the proceedings.