Hip replacement claims: Cross vesting

Smith & Nephew Surgical Pty Ltd v Day; Smith & Nephew Surgical Pty Ltd v Dawson [2014] NSWSC 1409 was a decision handed down on 14 October 2014. A cross vesting application was made by the defendant who was a defendant in three sets of proceedings; one in the Federal Court and two in the District Court. Each claim related to a hip prosthesis and each saw the applicant named as a defendant, sometimes with a surgeon and or hospital also sued.

Although the claimants resisted the application, the Court had regard to the potential commonality of evidence and costs savings. The District Court matters were cross vested to the Federal Court, which might also result in earlier allocation of hearing dates.

It was noted at [16] that  it will be entirely in the discretion of the Federal Court docket judge to decide if the proceedings should be heard together in that Court, even if they are case managed together.

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