Jackson v Thakkar [2023] NSWSC 100

Jackson v Thakkar [2023] NSWSC 100

Leave is granted for the plaintiff to rely on the recently-served medical reports of Associate Professor Mangioni and Dr Baker, and to amend the statement of claim, as exceptional circumstances justify departure from strict case management principles to ensure fairness. No further medical evidence or amendments will be permitted without exceptional circumstances, and the factual hearing will proceed with later directions for expert evidence.

Jurisdiction
Australia
Judgment Date
14 February 2023
Procedural Posture
Medical Negligence / Interlocutory Application Regarding Evidence and Amended Pleadings
Outcome
Leave granted to rely on new medical reports and to amend statement of claim; strict limits imposed on further evidence and amendments; hearing to proceed on factual evidence only.
Legal Topics
['case Management' 'medical Negligence' 'expert Evidence' 'splitting of Issues']
['civil Procedure'] ['case Management' 'medical Negligence' 'expert Evidence' 'splitting of Issues']

Case Brief

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Procedural Posture

Medical Negligence / Interlocutory Application Regarding Evidence and Amended Pleadings

Legal Issues

  1. 1 ['Whether the plaintiff can rely on late-served additional medical expert reports' 'Whether further medical evidence or amendments to pleadings should be permitted close to hearing' 'Impact of case management principles versus fairness and justice']

Ratio Decidendi

Leave is granted for the plaintiff to rely on the recently-served medical reports of Associate Professor Mangioni and Dr Baker, and to amend the statement of claim, as exceptional circumstances justify departure from strict case management principles to ensure fairness. No further medical evidence or amendments will be permitted without exceptional circumstances, and the factual hearing will proceed with later directions for expert evidence.

Court Disposition

Leave granted to rely on new medical reports and to amend statement of claim; strict limits imposed on further evidence and amendments; hearing to proceed on factual evidence only.

Orders

  • ['The plaintiff is granted leave to rely on the reports of Associate Professor Mangioni and Dr Baker.' 'The plaintiff will not be permitted to rely on any further medical evidence, subject to exceptional circumstances.' "Leave granted to serve amended statement of claim by 5:00pm on 20 February 2023, subject to...