STATE OF NEW SOUTH WALES v MASTRONARDI [2003] NSWCA 72

New South Wales Court of Appeal

CITATION : STATE OF NEW SOUTH WALES v MASTRONARDI [2003] NSWCA 72 revised - 15/04/2003 HEARING DATE(S) : 17 March 2003 JUDGMENT DATE : 17 March 2003

JUDGMENT OF : Spigelman CJ at 1; Handley JA at 36; Young CJ in Eq at 37 DECISION : Appeal dismissed with costs [35].

CATCHWORDS : PRACTICE AND PROCEDURE - Amendment of statement of claim - Where State of New South Wales notified of intention to amend statement of claim after date for notification of a claim under Civil Liability Act 2002 Sch 1 cl 4 - Where leave granted to add claim for aggravated damages - Definition of "claim" - Whether "claim" refers to head of damages claimed in proceedings - DAMAGES - Aggravated damages - Where aggravated damages not originally pleaded - Whether aggravated damages unable to be awarded pursuant to Civil Liability Act 2002 Civil Liability Act 2002 ss 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, Sch 1 cl 2, cl 4 LEGISLATION CITED : Health Care Liability Act 2001 Interpretation Act 1987 s 7 PARTIES : State of New South Wales - Appellant Fabian Mastronardi - Respondent FILE NUMBER(S) : CA 40762/02 COUNSEL : P R Sternberg - Appellant No Appearance - Respondent SOLICITORS : I V Knight, Crown Solicitor - Appellant No Representation - Respondent

LOWER COURT District Court JURISDICTION : LOWER COURT DC 4009/01 FILE NUMBER(S) : LOWER COURT Gamble ADCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40762/02 DC 4009/01