Scott v Hunter New England Local Health District [2019] NSWSC 1676

Scott v Hunter New England Local Health District [2019] NSWSC 1676

The amendments to the statement of claim arise out of substantially the same facts as the original pleadings and are supported by expert evidence and explanation for delay; therefore, leave is granted to amend pursuant to the Civil Procedure Act. Special circumstances justify interrogatories 1, 2, 3, 4, and 9 to the first defendant as the plaintiff cannot otherwise ascertain the relevant facts, and fair trial requires clarification of issues central to liability and apportionment.

Jurisdiction
Australia
Judgment Date
04 December 2019
Procedural Posture
Interlocutory Application (procedural Ruling) / Ruling on Leave to Amend, Interrogatories and Procedural Orders
Outcome
Orders granted in part
Legal Topics
['amendment of Pleadings' 'interrogatories' 'leave to Amend' 'medical Negligence' 'limitation Periods' 'expert Reports']
['practice and Procedure' 'medical Negligence'] ['amendment of Pleadings' 'interrogatories' 'leave to Amend' 'medical Negligence' 'limitation Periods' 'expert Reports']

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Procedural Posture

Interlocutory Application (procedural Ruling) / Ruling on Leave to Amend, Interrogatories and Procedural Orders

Legal Issues

  1. 1 ['Whether leave should be granted to file an amended statement of claim implicating additional allegations of negligence and referencing the Civil Liability Act' 'Whether specified interrogatories should be administered to the first defendant under rule 22.1 UCPR']

Ratio Decidendi

The amendments to the statement of claim arise out of substantially the same facts as the original pleadings and are supported by expert evidence and explanation for delay; therefore, leave is granted to amend pursuant to the Civil Procedure Act. Special circumstances justify interrogatories 1, 2, 3, 4, and 9 to the first defendant as the plaintiff cannot otherwise ascertain the relevant facts, and fair trial requires clarification of issues central to liability and apportionment.

Court Disposition

Orders granted in part

Orders

  • ['The plaintiff is granted leave to file and serve the amended statement of claim within 14 days.' 'The first defendant is to answer interrogatories 1, 2, 3, 4 and 9.' 'The first defendant is to file and serve a defence on or before 14 February 2020.' 'Costs are reserved.' 'The matter is listed for case management...