Recent case law

Tzaidas v Child and three others [2004] NSWCA 252

In this case the New South Wales Court of Appeal held that third party plaintiffs in New South Wales can utilise the provisions of s54 of the Insurance Contracts Act 1984 (Cth) (the ICA), notwithstanding the terms of s6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) (the LRMP Act). The action arose out of allegations that a community hospital and other defendants had been negligent in relation to the birth of an infant in 1996, for failing to detect haemophilia B, and for delaying in detecting and diagnosing an intracranial haemorrhage, resulting in the infant suffering from severe disabilities. From mid-1999 the plaintiffs’ previous solicitors had informed the hospital that they were acting for the infant, and sought access to the clinical records held by the hospital. At no stage was the hospital’s professional indemnity insurer informed of any potential claim in relation to this.