Moss v Coghill [2021] NSWSC 1083

Moss v Coghill [2021] NSWSC 1083

Exceptional circumstances exist to grant leave to the plaintiff to serve late expert medical reports due to complexity and evolving causation theory in medical negligence proceedings. The reports address critical causation issues and assist just resolution without substantive prejudice to defendant. Court exercises discretion under UCPR r 31.28 and Practice Note SC CL 7.

Parties
First Plaintiff: Tara Moss; Second Plaintiff: Tara Moss Enterprises Pty Ltd; Defendant: Chris Coghill
Jurisdiction
Australia
Judgment Date
26 August 2021
Procedural Posture
Medical Negligence / Interlocutory Procedural Order – Extension of Time to Serve Expert Reports
Outcome
Leave granted to plaintiff to serve medical reports out of time; orders made on costs and future service of defendant’s statement
Legal Topics
Extension of Time, Service of Expert Reports, Leave to Serve Documents
Civil Procedure Medical Negligence Extension of Time Service of Expert Reports Leave to Serve Documents

Case Brief

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Parties

Tara Moss

First Plaintiff

Tara Moss Enterprises Pty Ltd

Second Plaintiff

Chris Coghill

Defendant

Procedural Posture

Medical Negligence / Interlocutory Procedural Order – Extension of Time to Serve Expert Reports

Legal Issues

  1. 1 Whether leave should be granted to plaintiff to serve expert medical reports out of time
  2. 2 Whether there are exceptional circumstances warranting extension of time under UCPR r 31.28
  3. 3 Whether procedural prejudice to the defendant occurs if leave is granted

Ratio Decidendi

Exceptional circumstances exist to grant leave to the plaintiff to serve late expert medical reports due to complexity and evolving causation theory in medical negligence proceedings. The reports address critical causation issues and assist just resolution without substantive prejudice to defendant. Court exercises discretion under UCPR r 31.28 and Practice Note SC CL 7.

Court Disposition

Leave granted to plaintiff to serve medical reports out of time; orders made on costs and future service of defendant’s statement

Orders

  • Leave is granted to the plaintiff to serve the medical report of Dr Negus by 8 July 2021.
  • Leave is granted to the plaintiff to serve the reports of Drs Downes-Brydon dated 3 February 2021 and 28 May 2021 and the report of Dr Waldron by 21 June 2021.