Morgan v Murrumbidgee Local Health District [2021] NSWSC 1099

Morgan v Murrumbidgee Local Health District [2021] NSWSC 1099

The combination of the absence of prejudice to the plaintiffs, the late amplification of the plaintiffs' case by the further amended statement of claim, and the complexity of the case, constituted out of the ordinary and beyond routine circumstances, thereby satisfying the 'exceptional circumstances' test in UCPR r...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 August 2021
Procedural Posture
Civil / Interlocutory Application Regarding Leave to Rely on Expert Report
Outcome
Application granted
Legal Topics
["leave to Rely on Expert's Report" 'interlocutory Orders' 'exceptional Circumstances Under UCPR R 31.28']
['civil Procedure' 'medical Negligence'] ["leave to Rely on Expert's Report" 'interlocutory Orders' 'exceptional Circumstances Under UCPR R 31.28']

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Procedural Posture

Civil / Interlocutory Application Regarding Leave to Rely on Expert Report

Legal Issues

  1. 1 ['Whether the defendant should be granted leave to rely on the expert report of Dr Shelley-Jones under UCPR r 31.28' 'Whether exceptional circumstances exist for admitting the report' 'Whether the plaintiffs are prejudiced by the admission of the report']

Ratio Decidendi

The combination of the absence of prejudice to the plaintiffs, the late amplification of the plaintiffs' case by the further amended statement of claim, and the complexity of the case, constituted out of the ordinary and beyond routine circumstances, thereby satisfying the 'exceptional circumstances' test in UCPR r 31.28. As such, the defendant was granted leave to rely upon the report of Dr Shelley-Jones.

Court Disposition

Application granted

Orders

  • ['The defendant is granted leave to rely upon the expert report of Dr Shelley-Jones']