NSW Caselaw
New South Wales Supreme Court
TABET, by her Tutor, SHEIBAN, v. MANSOUR [2005] NSWSC 908 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : Tuesday 5 July 2005
JUDGMENT DATE : 9 September 2005
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : (a) Pursuant to Rule 19.1 of the Uniform Civil Procedure Rules 2005, I grant leave to the plaintiff to amend the Statement of Claim; (b) I direct the plaintiff to file and serve within 21 days an amended statement of claim upon the solicitors for the first and second defendants; (c) The plaintiff's notice of motion filed on 4 March 2005 otherwise be stood over to a date to be fixed. I grant liberty to apply in this respect; (d) The further amended notice of motion filed in court on 5 July 2005 on behalf of the first and second defendants is stood over to a date to be fixed. Liberty to apply to re-list the motion on seven days notice; (e) Costs of the motion reserved. Liberty to apply on the question of costs of the plaintiff's notice of motion filed on 4 March 2005.
CATCHWORDS : Plaintiff seeking to amend statement of claim - conference of medical experts - joint expert report - issues that had not been raised in the experts' joint report - experts not asked to express an opinon on the issue - plaintiff identified a liability issue in the proposed amended statement of claim - whether the joint expert report can or should operate as a restricting factor on the discretionary power to grant an amendment to pleadings - possible utility test
LEGISLATION CITED : Supreme Court Rules 1970
Boardman v. South Eastern Sydney Area Health Service [2001] NSWSC 930 Booth v. Francesco [2002] NSWSC 154 Spasovic v. Sydney Adventist Hospital [2002] NSWSC 164 Hebelrih v. Szirt [2004] NSWSC 54 CASES CITED : Queensland v. J.L. Holdings (1997) 189 CLR 146 Makita (Australia) Pty. Limited v. Sprowles (2001) 52 NSWLR 705 Tringali Stewardson Stubbs & Collett Limited (1966) 66 SR(NSW) 335 John Fairfax & Sons Limited v. Foord (1988) 12 NSWLR 706
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