NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Jana bht Jana v Western Sydney Local Health District t/as Westmead Hospital [2021] NSWSC 1354 Hearing dates: 15 October 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) Order the first defendant to serve its lay statements by close of business Wednesday, 20 October 2021. (2) Order the first defendant to notify the plaintiff by close of business Wednesday, 20 October 2021 of the outcome of its enquiries of Dr Day as to what records he was provided with when he provided his expert's report. (3) Liberty to apply to Beech-Jones CJ at CL. (4) The plaintiff to pay the defendant's costs of the Motion. (5) Notice of Motion dismissed. Catchwords: PRACTICE AND PROCEDURE – application to amend pleadings – form of pleadings – no question of principle Legislation Cited: Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Limited v ANU (2009) 239 CLR 175; [2009] HCA 27 Category: Procedural rulings Parties: Jeanette Jana by her tutor Ronald Jana (Plaintiff) Western Sydney Local Health District t/as Westmead Hospital (First Defendant) Mohammed Sherif Dowla (Second Defendant) Representation: Counsel: D Higgs SC; D Del Monte (Plaintiff) S Kettle (First Defendant) B Epstein (Second Defendant)
Solicitors: Concordia Legal (Plaintiff) McCabes (First Defendant) HWL Ebsworth Lawyers (Second Defendant) File Number(s): 2015/234156
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