Dickson v State of NSW [2021] NSWSC 234

Dickson v State of NSW [2021] NSWSC 234

Leave was granted because the reports of A/Professor Raftos are relevant to breach, standard of care, and causation; the proceedings remain at a manageable stage; no compelling prejudice to the defendant; and fair case management permits introduction of pertinent evidence as supported by the legislation and Rules.

Parties
Plaintiff: Robert Dickson; Defendant: Hunter New England Local Health District
Jurisdiction
Australia
Judgment Date
15 March 2021
Procedural Posture
Civil Procedure Interlocutory Application / Case Management Phase, Ruling on Notice of Motion for Leave to Rely on Expert Reports
Outcome
Leave granted to rely on expert reports; costs awarded to plaintiff.
Legal Topics
Expert Evidence, Interlocutory Applications, Leave to Rely on Evidence, Case Management, Special Circumstances, Costs
Civil Procedure Expert Evidence Interlocutory Applications Leave to Rely on Evidence Case Management Special Circumstances Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Dickson

Plaintiff

Hunter New England Local Health District

Defendant

Procedural Posture

Civil Procedure Interlocutory Application / Case Management Phase, Ruling on Notice of Motion for Leave to Rely on Expert Reports

Legal Issues

  1. 1 Whether leave should be granted to rely on expert reports served out of time
  2. 2 Relevance of expert reports to issues in the case
  3. 3 Whether defendant suffers prejudice from late served reports

Ratio Decidendi

Leave was granted because the reports of A/Professor Raftos are relevant to breach, standard of care, and causation; the proceedings remain at a manageable stage; no compelling prejudice to the defendant; and fair case management permits introduction of pertinent evidence as supported by the legislation and Rules.

Court Disposition

Leave granted to rely on expert reports; costs awarded to plaintiff.

Orders

  • Leave granted to plaintiff to rely on expert reports of A/Professor Raftos dated 10 February 2020 and 24 June 2020.
  • Defendant to pay plaintiff's costs of the notice of motion.