Abi-Hanna v Williams [2023] NSWSC 703

Abi-Hanna v Williams [2023] NSWSC 703

The defendant had not abandoned breach of duty, the explanation for obtaining and serving further expert reports was reasonable, and no prejudice was suffered by the plaintiff given the stage of the proceedings; the interests of justice required extending time and granting leave to amend Defence. The Registrar's decision was set aside.

Parties
Plaintiff/respondent: Angela Abi-Hanna; Defendant/applicant: George Williams
Jurisdiction
Australia
Judgment Date
05 June 2023
Procedural Posture
Civil / Application for Review of Registrar's Decision (procedural Directions)
Outcome
Registrar's decision set aside; defendant granted extension of time to serve expert evidence and amend Defence; procedural directions made; cost orders made against defendant.
Legal Topics
Review of Registrar's Decision, Extension of Time, Expert Evidence, Amendment of Defence
Civil Procedure Review of Registrar's Decision Extension of Time Expert Evidence Amendment of Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Angela Abi-Hanna

Plaintiff/respondent

George Williams

Defendant/applicant

Procedural Posture

Civil / Application for Review of Registrar's Decision (procedural Directions)

Legal Issues

  1. 1 Whether the Registrar's refusal to extend time for the defendant to serve further expert reports and amend Defence should be set aside
  2. 2 Whether the plaintiff would be prejudiced by the extension
  3. 3 Whether the interests of justice require granting leave to the defendant to serve further evidence and amend Defence

Ratio Decidendi

The defendant had not abandoned breach of duty, the explanation for obtaining and serving further expert reports was reasonable, and no prejudice was suffered by the plaintiff given the stage of the proceedings; the interests of justice required extending time and granting leave to amend Defence. The Registrar's decision was set aside.

Court Disposition

Registrar's decision set aside; defendant granted extension of time to serve expert evidence and amend Defence; procedural directions made; cost orders made against defendant.

Orders

  • The decision of Registrar Jones dated 27 February 2023 is set aside and discharged.
  • The time for the defendant to serve expert liability evidence regarding breach of duty is extended up to and including 11 November 2022.