Application for removal of tutor and a stay of proceedings

Mia-Angel Bridges-Cole by her litigation guardian Chantelle Bridges v Dr Anwarul Islam and Dr Zaffar Hussain [2018] NSWSC 472 seems to have been a somewhat unusual matter, where the defendant to the medical negligence claim foreshadowed a claim for contribution on the basis that the tutor is a joint tortfeasor  (though no cross claim had been filed).

After some judicial questioning when the matter was before the court, the court was told that no contribution would be sought, and that the defendants would in fact seek leave to file a further amended defence in each case removing that pleading.

Counsel for the plaintiff submitted that in circumstances where contribution was no longer sought, any asserted conflict of interest on the part of the tutor was non-existent. Counsel also pointed out that the tutor was the plaintiff’s primary carer, and that had there was no other person who was available to assume the position of tutor.

The defendant’s notice of motion was dismissed.