O'Meara v Dr Arianayagam [2006] NSWSC 797

O'Meara v Dr Arianayagam [2006] NSWSC 797

Loss of a significant quantity of photographs and limited clinical records makes this case exceptional; information critical to the plaintiff's case is only available from the defendant. Therefore, special reasons exist to compel answers to most interrogatories, except those beyond the scope or readily available elsewhere.

Jurisdiction
Australia
Judgment Date
08 August 2006
Procedural Posture
Professional Negligence / Interlocutory Application for Interrogatories
Outcome
Defendant ordered to answer interrogatories as specified; costs in the cause; right to object to individual interrogatories preserved.
Legal Topics
['interrogatories' 'discovery' 'special Reasons' 'professional Negligence' 'loss of Evidence']
['medical Negligence'] ['interrogatories' 'discovery' 'special Reasons' 'professional Negligence' 'loss of Evidence']

Case Brief

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Procedural Posture

Professional Negligence / Interlocutory Application for Interrogatories

Legal Issues

  1. 1 ['Whether the plaintiff has demonstrated special reasons for an order under Rule 22.1 of the Uniform Civil Procedure Rules 2005 compelling the defendant to answer interrogatories']

Ratio Decidendi

Loss of a significant quantity of photographs and limited clinical records makes this case exceptional; information critical to the plaintiff's case is only available from the defendant. Therefore, special reasons exist to compel answers to most interrogatories, except those beyond the scope or readily available elsewhere.

Court Disposition

Defendant ordered to answer interrogatories as specified; costs in the cause; right to object to individual interrogatories preserved.

Orders

  • ['Defendant to answer interrogatories 7, 8, 10 to 22 inclusive, the first part of interrogatory 23, 25 to 31 inclusive, 35 to 44 inclusive, 46 to 49 inclusive.' 'Costs of the motion are to be costs in the cause.' 'The orders do not prevent the defendant from taking further objection to individual interrogatories...