NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Rice v Ghabrial (No. 2) [2016] NSWSC 1449 Hearing dates: 11 October 2016 Date of orders: 11 October 2016 Decision date: 11 October 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the plaintiff's notice of motion filed on 14 June 2016. (2) Order the plaintiff to pay the first and second defendants' costs of the motion. Catchwords: PRACTICE AND PROCEDURE – notice of motion seeking leave to administer further interrogatories –medical negligence proceedings – claim for damages arising out of bodily injury – whether it is in the interests of justice to administer further interrogatories – no need for further interrogatories – plaintiff can achieve forensic purpose by more suitable measures – motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59, 60 Evidence Act 1995 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 17.3, 22.1 Cases Cited: Jones v Dunkel (1959) 101 CLR 298 Rice v Ghabrial [2016] NSWSC 313 Category: Procedural and other rulings Parties: Sally Rice (Plaintiff) Youssef Ghabrial (First Defendant) Panjak Rao (Second Defendant) David Dewar (Third Defendant) Representation: Counsel: EG Romaniuk SC/MA Kumar (Plaintiff) S Kettle (Defendants)
Solicitors: Leitch Hasson & Dent Lawyers (Plaintiff) Hicksons Lawyers (Defendants) File Number(s): 2012/345615
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