Tanious v Dedousis (No 3) [2016] NSWSC 339

Tanious v Dedousis (No 3) [2016] NSWSC 339

Leave to file and serve the Further Amended Statement of Claim was refused because the plaintiff failed to comply with conditions required by the Court of Appeal—specifically, the claim failed to properly identify the defendants and was not accompanied by any expert report as ordered, which were prerequisites for granting leave.

Parties
Plaintiff: Mofeed Louis Tanious; First Defendant: South Eastern Sydney Local Health District; Second Defendant: Dr Chris Dedousis
Jurisdiction
Australia
Judgment Date
30 March 2016
Procedural Posture
Notice of Motion / Application for Leave to File and Serve Further Amended Statement of Claim
Outcome
Leave to file and serve a Further Amended Statement of Claim refused; plaintiff to pay the defendants' costs of the motion on an ordinary basis.
Legal Topics
Leave to Amend Pleadings, Compliance With Appellate Orders, Expert Evidence Requirement, Properly Naming Defendants
Procedural Law Negligence Leave to Amend Pleadings Compliance With Appellate Orders Expert Evidence Requirement Properly Naming Defendants

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Parties

Mofeed Louis Tanious

Plaintiff

South Eastern Sydney Local Health District

First Defendant

Dr Chris Dedousis

Second Defendant

Procedural Posture

Notice of Motion / Application for Leave to File and Serve Further Amended Statement of Claim

Legal Issues

  1. 1 Whether leave should be granted to file and serve a Further Amended Statement of Claim
  2. 2 Whether the proposed action properly identifies the correct defendants as required by the Court of Appeal
  3. 3 Whether the proposed claim is supported by an expert report as ordered by the Court of Appeal

Ratio Decidendi

Leave to file and serve the Further Amended Statement of Claim was refused because the plaintiff failed to comply with conditions required by the Court of Appeal—specifically, the claim failed to properly identify the defendants and was not accompanied by any expert report as ordered, which were prerequisites for granting leave.

Court Disposition

Leave to file and serve a Further Amended Statement of Claim refused; plaintiff to pay the defendants' costs of the motion on an ordinary basis.

Orders

  • Leave to file and serve a Further Amended Statement of Claim is refused.
  • The plaintiff is to pay the defendants' costs of the motion, on an ordinary basis.