Beaumont v Chang [2015] NSWSC 602

Beaumont v Chang [2015] NSWSC 602

The disputed allegations that the defendants told former patients and referring doctors that Dr Beaumont had retired or was ill were material facts and indicia or circumstances of the pleaded unconscionable conduct, not evidence. Sufficient particulars had been provided, including information identifying examples of the alleged representations, so that Dr Chang knew the case he had to meet. There was no basis to intervene in the Registrar's procedural decision granting leave to amend.

Jurisdiction
Australia
Judgment Date
21 May 2015
Procedural Posture
Common Law Proceedings; Notice of Motion for Review of Registrar's Decision Allowing Amendments to Pleading / Review of Registrar's Decision Under the Uniform Civil Procedure Rules 2005 (nsw)
Outcome
The Registrar's orders were affirmed and the defendants' notice of motion was dismissed with costs.
Legal Topics
["review of Registrar's Decision" 'amendment of Pleadings' 'material Facts and Evidence' 'particulars' 'unconscionable Conduct']
['civil Procedure' 'trade Practices'] ["review of Registrar's Decision" 'amendment of Pleadings' 'material Facts and Evidence' 'particulars' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Common Law Proceedings; Notice of Motion for Review of Registrar's Decision Allowing Amendments to Pleading / Review of Registrar's Decision Under the Uniform Civil Procedure Rules 2005 (nsw)

Legal Issues

  1. 1 ['Whether lines (2) and (3) of subpara 23B(a)(xiii) of the further amended statement of claim pleaded evidence rather than material facts in breach of UCPR 14.7.' 'Whether the disputed allegations contained insufficient particulars in breach of UCPR 15.3.' "Whether the Registrar's orders granting leave to file and serve the further amended statement of claim should be set aside or varied on review."]

Ratio Decidendi

The disputed allegations that the defendants told former patients and referring doctors that Dr Beaumont had retired or was ill were material facts and indicia or circumstances of the pleaded unconscionable conduct, not evidence. Sufficient particulars had been provided, including information identifying examples of the alleged representations, so that Dr Chang knew the case he had to meet. There was no basis to intervene in the Registrar's procedural decision granting leave to amend.

Court Disposition

The Registrar's orders were affirmed and the defendants' notice of motion was dismissed with costs.

Orders

  • ['The orders made by Registrar Kenna on 25 August 2014 are affirmed.' "The defendants' notice of motion filed 12 September 2014 is dismissed." "The defendants are to pay the plaintiff's costs as agreed or assessed on an ordinary basis."]