Hamoodah v South Western Sydney Local Health District [2021] NSWSC 162

Hamoodah v South Western Sydney Local Health District [2021] NSWSC 162

It is just and reasonable to permit the plaintiff to rely on late expert evidence, given the dictates of justice, the overriding purpose of resolving real issues, and adequate time before hearing; defendants not significantly prejudiced and costs are reserved.

Jurisdiction
Australia
Judgment Date
03 March 2021
Procedural Posture
Civil / Interlocutory Application on Extension of Time for Service of Liability Evidence
Outcome
Application granted
Legal Topics
['extension of Time' 'service of Evidence' 'expert Evidence' 'case Management']
['civil Procedure'] ['extension of Time' 'service of Evidence' 'expert Evidence' 'case Management']

Case Brief

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Procedural Posture

Civil / Interlocutory Application on Extension of Time for Service of Liability Evidence

Legal Issues

  1. 1 ['Whether to permit plaintiff to rely on expert evidence at a late stage' 'Whether late service of expert evidence is just and reasonable' 'Potential prejudice to defendants by late service of evidence']

Ratio Decidendi

It is just and reasonable to permit the plaintiff to rely on late expert evidence, given the dictates of justice, the overriding purpose of resolving real issues, and adequate time before hearing; defendants not significantly prejudiced and costs are reserved.

Court Disposition

Application granted

Orders

  • ["Extend up to and including 5 March 2021 the time for service of the plaintiff's liability evidence, including the reports of Dr Linklater dated 29 November 2020 and 10 February 2021." "Reserve the costs that have been, or may be, occasioned or thrown away by reason of the plaintiff's application." 'Direct the...