McMeekin v Prince of Wales Private Hospital [2019] NSWSC 190

McMeekin v Prince of Wales Private Hospital [2019] NSWSC 190

Interrogatories 1-16 to the first defendant were granted because the crucial conversation is within the knowledge of the defendants, is a critical disputed fact in the case, and the plaintiff cannot otherwise fairly obtain the information, thus satisfying both 'necessity' and 'special reasons' requirements for leave under UCPR 22.1. The interrogatories are necessary at this time for the fair disposition of the claim; objections based on alternative means of proof, costs, or delay do not outweigh the need for a fair trial in circumstances of medical negligence complexity.

Parties
Plaintiff: Vivian Susan McMeekin; First Defendant: Prince of Wales Private Hospital; Second Defendant: Dr Surya Krishnan
Jurisdiction
Australia
Judgment Date
07 March 2019
Procedural Posture
Application for Leave to Administer Interrogatories in Medical Negligence Proceedings / Interlocutory Motion Ruling
Outcome
Leave granted to the plaintiff to administer interrogatories 1-16 to the first defendant. Costs of the motion are costs in the cause.
Legal Topics
Interrogatories, Discovery, Hospital Negligence, Duty of Care, Fair Trial Procedure, Special Reasons Under UCPR 22.1
Civil Procedure Medical Negligence Interrogatories Discovery Hospital Negligence Duty of Care Fair Trial Procedure Special Reasons Under UCPR 22.1

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Parties

Vivian Susan McMeekin

Plaintiff

Prince of Wales Private Hospital

First Defendant

Dr Surya Krishnan

Second Defendant

Procedural Posture

Application for Leave to Administer Interrogatories in Medical Negligence Proceedings / Interlocutory Motion Ruling

Legal Issues

  1. 1 Whether leave should be granted to administer interrogatories to the first defendant under Uniform Civil Procedure Rule 22.1
  2. 2 Whether special reasons exist justifying interrogatories in medical negligence proceedings
  3. 3 Whether the interrogatories are necessary and relate to matters peculiarly within the knowledge of the defendants

Ratio Decidendi

Interrogatories 1-16 to the first defendant were granted because the crucial conversation is within the knowledge of the defendants, is a critical disputed fact in the case, and the plaintiff cannot otherwise fairly obtain the information, thus satisfying both 'necessity' and 'special reasons' requirements for leave under UCPR 22.1. The interrogatories are necessary at this time for the fair disposition of the claim; objections based on alternative means of proof, costs, or delay do not outweigh the need for a fair trial in circumstances of medical negligence complexity.

Court Disposition

Leave granted to the plaintiff to administer interrogatories 1-16 to the first defendant. Costs of the motion are costs in the cause.

Orders

  • The plaintiff is granted leave to administer interrogatories 1-16 to the first defendant.
  • Costs of the motion are costs in the cause.