NSW Caselaw
New South Wales Supreme Court
CITATION : DIMENT v SOUTH EASTERN AREA HEALTH SERVICE [2009] NSWSC 1097
HEARING DATE(S) : Thursday 8 October 2009
JUDGMENT DATE : 8 October 2009
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : I permit the amendments as sought in the notice of motion filed on 2 July 2009. I order the defendant to pay the plaintiff's costs of and incidental to this application.
CATCHWORDS : PRACTICE AND PROCEDURE - application for leave to amend plaintiff's pleadings - plaintiff had ongoing medical condition - defendant was operator of State hospital and had knowledge of plaintiff's medical history - no actual prejudice demonstrated - principled exercise of discretion to grant leave to amend
Civil Procedure Act 2005 LEGISLATION CITED : Workers Compensation Act 1987 Work Place Injury Management Act and the Workers Compensation Act 1998
Aon Risk Services Australia Limited v Anu (2009) 83 ALR 951 CASES CITED : Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Itek Graphix Pty Limited v Elliott [2002] NSWCA 104 Salido v Nominal Defendant (1993) 32 NSWLR 524
PARTIES : Christine Ellen DIMENT v SOUTH EASTERN AREA HEALTH SERVICE
FILE NUMBER(S) : SC No 20720 of 2001
COUNSEL : P: A J McQuillen D: D C Morgan
SOLICITORS : P: Gregory Harrison Healey D: Moray & Agnew
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HALL J
THURSDAY 8 OCTOBER 2009
No 20720 of 2001
CHRISTINE ELLEN DIMENT v SOUTH EASTERN AREA HEALTH SERVICE
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