Williams v Fraser [2019] NSWSC 876

Williams v Fraser [2019] NSWSC 876

Leave was granted for the plaintiff to serve supplementary expert reports and to amend the statement of claim to include new allegations regarding interbody vertebral cage surgery, as these arose from recently clarified expert evidence and were necessary for the just resolution of the real issues. However, leave for the balance of proposed amendments was refused due to lateness, prolixity and potential prejudice to the defendants so close to trial.

Parties
Plaintiff: Hailee Williams; First Defendant: John Fraser; Second Defendant: Michael Stening; Third Defendant: Craig Seabury
Jurisdiction
Australia
Judgment Date
11 July 2019
Procedural Posture
Civil (medical Negligence) / Interlocutory: Application for Leave to Serve Expert Reports and Amend Pleading
Outcome
Leave partially granted
Legal Topics
Leave to Rely on Expert Evidence, Amendment of Pleadings, Medical Negligence, Causation, Case Management
Practice and Procedure Tort Law Leave to Rely on Expert Evidence Amendment of Pleadings Medical Negligence Causation Case Management

Case Brief

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Parties

Hailee Williams

Plaintiff

John Fraser

First Defendant

Michael Stening

Second Defendant

Craig Seabury

Third Defendant

Procedural Posture

Civil (medical Negligence) / Interlocutory: Application for Leave to Serve Expert Reports and Amend Pleading

Legal Issues

  1. 1 Whether plaintiff should be permitted to rely on a new expert report
  2. 2 Whether a joint expert causation conclave should be reconvened
  3. 3 Whether leave to amend the statement of claim should be granted to include new allegations of causation

Ratio Decidendi

Leave was granted for the plaintiff to serve supplementary expert reports and to amend the statement of claim to include new allegations regarding interbody vertebral cage surgery, as these arose from recently clarified expert evidence and were necessary for the just resolution of the real issues. However, leave for the balance of proposed amendments was refused due to lateness, prolixity and potential prejudice to the defendants so close to trial.

Court Disposition

Leave partially granted

Orders

  • Leave granted to plaintiff to serve the reports of Associate Professor Sekel (9 April 2019) and Dr Schneider (19 May 2019) by 5.00 pm on 15 July 2019.
  • Causation conclave to answer supplementary questions set out in paragraph [39] of this judgment.