Jackson v Thakkar [2023] NSWSC 100

Supreme Court New South Wales

Medium Neutral Citation: Jackson v Thakkar [2023] NSWSC 100 Hearing dates: 14 February 2023 Date of orders: 14 February 2023 Decision date: 14 February 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The plaintiff is granted leave to rely on the reports of Associate Professor Mangioni and Dr Baker, being reports which have already been served. (2) Subject to any exceptional circumstances arising, the plaintiff will not be permitted to rely on any further medical evidence. (3) I grant leave to the plaintiff to serve an amended statement of claim by 5:00pm on 20 February 2023, subject to the defendant objecting to any part of that amended statement of claim. (4) The defendant is to serve a defence to that amended statement of claim by 5:00pm on 23 February 2023. (5) I grant leave to the defendant to approach the trial judge if he wishes to oppose the amended statement of claim. (6) I confirm that no further amendments to the statement of claim will be permitted, subject to exceptional circumstances and subject to any contrary decision of the trial judge. (7) The hearing will proceed on 27 February 2023 with only the factual evidence being given. Catchwords: CIVIL PROCEDURE — Case management – medical negligence – where plaintiff relies on additional expert reports – where new issues raised close to hearing – splitting of issues Legislation Cited: None Cases Cited: None Texts Cited: None Category: Procedural rulings Parties: Jake Glen Jackson (Plaintiff) Vivek Thakkar (Defendant) Representation: Counsel: D Campbell SC with M Algie (Plaintiff) J Downing SC (Defendant)