Gillett v Robinson [2011] NSWSC 863

Gillett v Robinson [2011] NSWSC 863

The plaintiff’s application to amend the statement of claim and call additional medical evidence was dismissed because it was futile, unreasonably delayed, lacked evidential support, would undermine joint expert processes, and failed to satisfy procedural requirements or demonstrate exceptional circumstances.

Parties
Plaintiff: Halina Jain Gillett; Defendant: Professor Robinson
Jurisdiction
Australia
Judgment Date
12 August 2011
Procedural Posture
Civil / Application to Amend Statement of Claim and to Call Further Medical Evidence; Interlocutory Hearing
Outcome
Plaintiff's application to amend statement of claim and to call further medical evidence from Dr Molloy dismissed
Legal Topics
Amendment of Pleadings, Expert Evidence, Case Management, Medical Negligence
Civil Procedure Amendment of Pleadings Expert Evidence Case Management Medical Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Halina Jain Gillett

Plaintiff

Professor Robinson

Defendant

Procedural Posture

Civil / Application to Amend Statement of Claim and to Call Further Medical Evidence; Interlocutory Hearing

Legal Issues

  1. 1 Whether the plaintiff should be permitted to amend her statement of claim to add a new particular of negligence
  2. 2 Whether the plaintiff should be permitted to rely on and call further medical evidence from Dr Molloy
  3. 3 Whether delay or futility bars the application

Ratio Decidendi

The plaintiff’s application to amend the statement of claim and call additional medical evidence was dismissed because it was futile, unreasonably delayed, lacked evidential support, would undermine joint expert processes, and failed to satisfy procedural requirements or demonstrate exceptional circumstances.

Court Disposition

Plaintiff's application to amend statement of claim and to call further medical evidence from Dr Molloy dismissed

Orders

  • Application dismissed; costs reserved