NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Rice v Ghabrial [2016] NSWSC 313 Hearing dates: 24 June 2015 Date of orders: 22 March 2016 Decision date: 22 March 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to r 22.1 of the Uniform Civil Procedural Rules 2005, the plaintiff be granted leave to administer interrogatories to the first, second and third defendants.
(2) The first defendant, within twenty one (21) days, is to provide verified answers to interrogatories in the form of the draft interrogatories marked "A" annexed to the notice of motion of the plaintiff filed 7 May 2015.
(3) The second defendant, within twenty one (21) days, is to provide verified answers to interrogatories in the form of the draft interrogatories marked "B" annexed to the plaintiff's notice of motion filed 7 May 2015.
(4) The third defendant, within twenty one (21) days, is to provide verified answers to interrogatories in the form of the draft interrogatories marked "C" annexed to the plaintiff's notice of motion of filed 7 May 2015.
(5) The defendants pay the plaintiff's costs of and incidental to the motion, as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – interrogatories – medical negligence suit in which the plaintiff has no knowledge of the events in the operating theatre and the state of knowledge of each doctor – allegations that doctor thought to be performing operation did not – meaning of "necessary" in UCPR – meaning of "special reasons" in UCPR – interrogatories ordered. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedural Rules 2005 Cases Cited: Chong v Nguyen [2005] NSWSC 588 Keating v South East Sydney Illawarra Area Health Service (Supreme Court (NSW), Hall J, 7 July 2006, unrep) Category: Procedural and other rulings Parties: Sally Rice (Plaintiff) Professor Youssef Ghabrial (First Defendant) Dr Pankaj Rao (Second Defendant) Dr David Dewar (Third Defendant) Representation: Counsel: E G Romaniuk SC/M A Kumar (Plaintiff) S M Kettle (Defendants)
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