[2015] NSWSC 247

Wei Fan v South Eastern Sydney Local Health District (No 1

The Court orders that: 1. There be no orders made in relation the plaintiff’s notice of motion dated 24 July 2013

Catchwords

PRACTICE AND PROCEDURE – notice of motion – whether notice of motion finalised

[1]
HER HONOUR: This judgment concerns whether the plaintiff’s notice of motion dated 24 July 2013 has been finalised.
[2]
On 24 July 2013, the plaintiff filed a notice of motion seeking orders that:
[3]
The plaintiff is Wei Fan. The defendant is South Eastern Sydney Local Health District. The plaintiff is represented by his son, a final year law student. The plaintiff has the benefit of an interpreter in Court.
[4]
On 19 September 2013, Davies J in Wei Fan By His Tutor Yue Wang v South Eastern Sydney Local Health District [2013] NSWSC 1376 at [12] - [14] stated:
[5]
In light of the above, I am satisfied that this motion has been finalised. Hence, I make no orders in relation to the plaintiff’s notice of motion dated 24 July 2013.
[6]
The defendant has given discovery of its documents dated 21 February 2007. The plaintiff’s case is that his weight on that day was recorded in the hospital notes. Apparently, the hospital records do not include any reference to his weight on that day. Yesterday, the defendant’s counsel undertook to seek instructions to ascertain the name of the staff member who referred the plaintiff for a blood test on that day and advise the plaintiff’s representative.
[7]
The Court orders that: