Rae by his tutor Rae v South Western Sydney Local Health Network [2016] NSWSC 1176

Supreme Court New South Wales

Medium Neutral Citation: Rae by his tutor Rae v South Western Sydney Local Health Network [2016] NSWSC 1176 Hearing dates: 24 August 2016 Date of orders: 25 August 2016 Decision date: 25 August 2016 Jurisdiction: Common Law Before: Harrison J Decision: (1) Grant leave to the plaintiff to amend the statement of claim in the form of the fourth amended statement of claim annexed to the affidavit of Alicia Kuay Wong sworn 19 August 2016. (2) Order the plaintiff to pay the costs of and incidental to the motion. Catchwords: PLEADINGS – amendment of pleadings – whether proposed amendments raise new issues – where defendants in possession of plaintiff's expert obstetric opinion since April 2015 raising the issues now sought to be particularised – whether defendants prejudiced by proposed amendments Legislation Cited: Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Category: Procedural and other rulings Parties: Dylan Rae by his tutor Julie Rae (Plaintiff) South Western Sydney Local Health Network (First Defendant) Dr William Harding (Second Defendant) Dr Grahame Vaughan (Fourth Defendant) Representation: Counsel: R Sheldon SC (Plaintiff) R Sergi (Defendants)

Solicitors: Brydens (Plaintiff) TressCox Lawyers (Defendants) File Number(s): 2008/289285 Publication restriction: Nil