MacQuarrie v Hunter New England Local Health District [2020] NSWSC 1174

MacQuarrie v Hunter New England Local Health District [2020] NSWSC 1174

The plaintiff’s proposed Further Amended Statement of Claim does not comply with the required rules of pleadings—it is vague, includes evidence rather than material facts, lacks proper particularisation of negligence, and fails to adequately define the case for the defendants. The application to amend is made at a late stage, introduces new material, causes uncertainty, and delay would likely result. The Court’s obligation to case management and the overriding purpose of the Civil Procedure Act, as expressed in Aon and related authorities, require refusal of the application. The plaintiff has not provided a satisfactory explanation for the delay in seeking the amendment, nor shown that...

Parties
Plaintiff: Heidi MacQuarrie; First Defendant: Hunter New England Local Health District; Second Defendant: Keith Burton; Third Defendant: Jonathon Ell
Jurisdiction
Australia
Judgment Date
31 August 2020
Procedural Posture
Application (interlocutory) in Civil Proceedings (medical Negligence) / Interlocutory Application After Remittal for Rehearing, Pre Trial
Outcome
Plaintiff's application to amend (file and serve the PFASOC) refused; plaintiff to pay defendants’ costs of the application.
Legal Topics
Pleadings, Amendment of Statement of Claim, Scope of Retrial, Requirements of Pleadings, Case Management, Civil Liability
Civil Procedure Medical Negligence Pleadings Amendment of Statement of Claim Scope of Retrial Requirements of Pleadings Case Management Civil Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Heidi MacQuarrie

Plaintiff

Hunter New England Local Health District

First Defendant

Keith Burton

Second Defendant

Jonathon Ell

Third Defendant

Procedural Posture

Application (interlocutory) in Civil Proceedings (medical Negligence) / Interlocutory Application After Remittal for Rehearing, Pre Trial

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to file and serve the proposed Further Amended Statement of Claim (PFASOC)
  2. 2 Whether the PFASOC conforms with the rules of pleadings and the statutory regime for amendment
  3. 3 Whether allowing the amendment would be consistent with the overriding purpose and case management discretion

Ratio Decidendi

The plaintiff’s proposed Further Amended Statement of Claim does not comply with the required rules of pleadings—it is vague, includes evidence rather than material facts, lacks proper particularisation of negligence, and fails to adequately define the case for the defendants. The application to amend is made at a late stage, introduces new material, causes uncertainty, and delay would likely result. The Court’s obligation to case management and the overriding purpose of the Civil Procedure Act, as expressed in Aon and related authorities, require refusal of the application. The plaintiff has not provided a satisfactory explanation for the delay in seeking the amendment, nor shown that...

Court Disposition

Plaintiff's application to amend (file and serve the PFASOC) refused; plaintiff to pay defendants’ costs of the application.

Orders

  • The plaintiff's application to file and serve the proposed Further Amended Statement of Claim is refused.
  • The plaintiff is to pay the defendants' costs of the application.