Page bhnf Page v Gold Coast Hospital and Health Service [2025] NSWSC 315 (Link to Caselaw).
The plaintiff resides with his parents and siblings near Lake Macquarie, NSW. Although the family resided in Queensland in 2011, they had moved to New South Wales in 2015.
The proceedings he issued were against the Gold Coast University Hospital (Qld) arising from his mother’s pregnancy and birth. The plaintiff’s claim was filed in the Supreme Court of NSW.
In the context of this interlocutory decision, the defendant’s overall argument was that when the interests of justice are considered, it is more appropriate that the proceedings be determined in the Supreme Court of Queensland rather than this Court, with the consequence that the proceedings should be transferred.
The defendant’s application was refused, with the Court commenting at [46].
I can readily accept that many personal injury cases would benefit from these pre-court procedures – notably, the claims settlement procedures – but I entertain considerable doubt about whether these procedures would necessarily benefit this case, given what I apprehend to be the prospect of a contest on liability and the potential quantum of the claim. The defendant, it should be noted, did not suggest a contrary appraisal of the matter. It is true that there are provisions in PIPA that relate to the disclosure of documents and information but, again, I am unpersuaded that there is any appreciable benefit in the application of those provisions in this case particularly as the plaintiff has prepared his case, having already had access to the records relating to his and his mother’s care whilst a patient of the Hospital. To be clear, I do not accept in this case that the application of PIPA would, as the defendant submitted, result in a “speedy determination” of the matter, given my assessment of the likely liability issues and the quantum of the claim and my acceptance of the evidence from the plaintiff’s solicitor about her experience with the pre-court procedures, and the delay associated with them, earlier referred to.
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