Molnar v Kumar [2012] NSWDC 66

Molnar v Kumar [2012] NSWDC 66

Construed benevolently, the Morris Reports included opinions supporting breach of duty of care, causation, and the general nature and extent of damage alleged. UCPR r 31.36 did not require support for every particular of breach or damage. Accordingly, the plaintiff had complied sufficiently with UCPR r 31.36 and dismissal was not warranted.

Jurisdiction
Australia
Judgment Date
30 April 2012
Procedural Posture
Medical Negligence Claim / Interlocutory Application by Notice of Motion Seeking Dismissal Under UCPR R 31.36
Outcome
Notice of motion dismissed; plaintiff's costs be costs in the proceedings.
Legal Topics
["service of Experts' Reports in Professional Negligence Claims" 'ucpr R 31.36' 'expert Evidence' 'dismissal for Non Compliance']
['civil Procedure' 'professional Negligence' 'medical Negligence'] ["service of Experts' Reports in Professional Negligence Claims" 'ucpr R 31.36' 'expert Evidence' 'dismissal for Non Compliance']

Case Brief

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Procedural Posture

Medical Negligence Claim / Interlocutory Application by Notice of Motion Seeking Dismissal Under UCPR R 31.36

Legal Issues

  1. 1 ['Whether the plaintiff complied with UCPR r 31.36 by filing and serving expert reports including opinions supporting breach of duty, the general nature and extent of damage, and causation.' "Whether the Morris Reports supported the plaintiff's pleaded allegations sufficiently to avoid dismissal of the proceedings." 'Whether UCPR r 31.36 requires expert opinion to support every particular of alleged breach of duty or damage.']

Ratio Decidendi

Construed benevolently, the Morris Reports included opinions supporting breach of duty of care, causation, and the general nature and extent of damage alleged. UCPR r 31.36 did not require support for every particular of breach or damage. Accordingly, the plaintiff had complied sufficiently with UCPR r 31.36 and dismissal was not warranted.

Court Disposition

Notice of motion dismissed; plaintiff's costs be costs in the proceedings.

Orders

  • ['Notice of motion dismissed.' "Plaintiff's costs be costs in the proceedings."]