Rae by his tutor Rae v South Western Sydney Local Health Network [2016] NSWSC 1176

Rae by his tutor Rae v South Western Sydney Local Health Network [2016] NSWSC 1176

The proposed amendments to the statement of claim do not raise genuinely new issues but are merely a more detailed particularisation of negligence as already pleaded; defendants would not be prejudiced or taken by surprise; leave to amend should be granted in accordance with the Civil Procedure Act and the principles outlined in Aon Risk Services.

Jurisdiction
Australia
Judgment Date
25 August 2016
Procedural Posture
Civil / Interlocutory Motion Regarding Amendment of Pleadings
Outcome
Leave granted to plaintiff to amend statement of claim. Plaintiff ordered to pay costs of motion.
Legal Topics
['amendment of Pleadings' 'negligence' 'medical Negligence' 'professional Liability']
['tort Law' 'civil Procedure'] ['amendment of Pleadings' 'negligence' 'medical Negligence' 'professional Liability']

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Procedural Posture

Civil / Interlocutory Motion Regarding Amendment of Pleadings

Legal Issues

  1. 1 ['Whether the proposed amendments to the statement of claim raise new issues' 'Whether the defendants are prejudiced by the proposed amendments' 'Whether leave should be granted to amend the statement of claim']

Ratio Decidendi

The proposed amendments to the statement of claim do not raise genuinely new issues but are merely a more detailed particularisation of negligence as already pleaded; defendants would not be prejudiced or taken by surprise; leave to amend should be granted in accordance with the Civil Procedure Act and the principles outlined in Aon Risk Services.

Court Disposition

Leave granted to plaintiff to amend statement of claim. Plaintiff ordered to pay costs of motion.

Orders

  • ['Grant leave to the plaintiff to amend the statement of claim in the form of the fourth amended statement of claim annexed to the affidavit of Alicia Kuay Wong sworn 19 August 2016.' 'Order the plaintiff to pay the costs of and incidental to the motion.']