Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. In these proceedings I entered judgment for the defendant and I ordered the plaintiff to pay the defendant's costs: Busa v South Eastern Sydney Local Health District Trading as Sydney Eye Hospital [2025] NSWSC 130.

2. The defendant now seeks an order to vary the costs order made as follows:

That the plaintiff pay the defendant's costs on an ordinary basis until 21 June 2022, or alternatively 15 July 2024, and on an indemnity basis on and from 22 June 2022, or alternatively 16 July 2024.

3. The plaintiff, acting for himself, filed a statement of claim on 9 January 2020. It contained no pleading nor particulars but sought $2 million as loss of wages and medical fees and $8 million for pain and suffering. The statement of claim was not even signed let alone verified.

4. On 15 January 2020 an amended statement of claim was filed by the plaintiff acting for himself. It was in identical terms to the original statement of claim except for the fact that it was now signed and verified by the plaintiff.

5. On 20 February 2020 the defendant filed a defence which said only that the defendant denied that the plaintiff was entitled to the relief claimed and noted that the plaintiff had not provided any pleading or particulars.

6. Notwithstanding the absence of any pleading or particulars, the defendant had been made aware in 2017 what the plaintiff's complaints were in general terms. At some time prior to July 2021, the plaintiff served the first report of Dr Morelli dated 19 April 2021.

7. On 7 July 2021, Makinson d'Apice Lawyers acting for the defendant sent a letter to the plaintiff serving an evidentiary statement of Dr Andric (the doctor who performed the impugned procedure) dated 8 February 2021 and an expert report from Dr Gurmit Uppal dated 6 July 2021 together with a letter of instruction to Dr Uppal. At that time the plaintiff was acting for himself.

8. On 31 August 2021 the plaintiff's present solicitor, Francesco Bellissimo, filed a notice of appointment of solicitor for the plaintiff.

9. On 20 September 2021 Makinson d'Apice Lawyers sent a letter to Mr Bellissimo attaching all correspondence with the plaintiff in the proceedings. That correspondence included the letter to the plaintiff dated 7 July 2021 with its annexures.

10. Subsequently on 4 November 2021, Mr Bellissimo filed on the plaintiff's behalf what amounted to a further amended statement of claim (although it was entitled simply "Amended statement of claim") which appropriately pleaded and particularised the plaintiff's claim. However, the defendant did not file a defence to that amended statement of claim until 30 August 2022. The defendant denied an breach of duty and, amongst other pleadings, it relied on s 5O of the Civil Liability Act 2002 (NSW).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d6633b3c5519cf38f129b)

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