NSW Caselaw
New South Wales Supreme Court
CITATION : Markovic v Northern Sydney Area Health Service & Anor [2001] NSWSC 252 CURRENT JURISDICTION: Common Law Division Professional Negligence List FILE NUMBER(S) : SC 14224 of 1992 HEARING DATE(S) : 5 April 2001 JUDGMENT DATE : 6 April 2001
Silvana Markovic (Plaintiff) PARTIES : v Northern Sydney Area Health Service (First Defendant) State of New South Wales (Second Defendant) JUDGMENT OF : Master Malpass
Mr D E Graham (Plaintiff) COUNSEL : N/A (First Defendant) Mr P Dwyer/Mr R Kelly (Second Defendant) Carroll & O'Dea (Plaintiff) SOLICITORS : N/A (First Defendant) I V Knight - Crown Solicitor (Second Defendant) CATCHWORDS : Discovery - old regime in force prior to 1 October 1996 - the meaning of "necessary" and the threshold requirement to be satisfied before the court can exercise its discretionary power - there are two aspects to the exercise of that power - the correctness of Boyle v Downs on these questions - sufficiency of general discovery already given and matters in question in the proceedings. Supreme Court Rules 1970, Pt 23 r 5, r 7 and LEGISLATION CITED : r 14, Pt 25 r 5. RSC Order XXX1 r 12 of 1893. Boyle v Downs (1979) 1 NSWLR 192. CASES CITED : Dunbar v Perc (1956) VLR 583. Yamazaki v Mustaca (1999) NSWSC 1083. DECISION : See Paragraph 33.
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
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