McAteer v Stoodley [2018] NSWSC 710

McAteer v Stoodley [2018] NSWSC 710

Leave was granted to the defendant both to rely on the report of Dr Mobbs and to amend the defence to raise a limitation defence, as the plaintiff had acquiesced in the inclusion of Dr Mobbs and had sufficient time to respond to the limitation issue, despite the defendant's unexplained delay.

Parties
Plaintiff: Susan McAteer; Defendant: Marcus Stoodley
Jurisdiction
Australia
Judgment Date
17 May 2018
Procedural Posture
Civil Negligence / Interlocutory Applications Prior to Trial
Outcome
Leave granted to the defendant for both applications; plaintiff's application dismissed; costs ordered against defendant.
Legal Topics
Expert Evidence, Leave to Amend Pleadings, Limitation Defence
Practice and Procedure Expert Evidence Leave to Amend Pleadings Limitation Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Susan McAteer

Plaintiff

Marcus Stoodley

Defendant

Procedural Posture

Civil Negligence / Interlocutory Applications Prior to Trial

Legal Issues

  1. 1 Whether the defendant should be granted leave to rely on the report of a second expert of the same specialty
  2. 2 Whether the defendant should be granted leave to amend the defence to add a limitation defence

Ratio Decidendi

Leave was granted to the defendant both to rely on the report of Dr Mobbs and to amend the defence to raise a limitation defence, as the plaintiff had acquiesced in the inclusion of Dr Mobbs and had sufficient time to respond to the limitation issue, despite the defendant's unexplained delay.

Court Disposition

Leave granted to the defendant for both applications; plaintiff's application dismissed; costs ordered against defendant.

Orders

  • Grant leave to the defendant to rely on the expert report of Dr Mobbs notwithstanding late service.
  • Dismiss the plaintiff's notice of motion filed on 2 May 2018.