Gary David Wood v Ali Ghoz and Ors [2017] NSWSC 1561

Supreme Court New South Wales

Medium Neutral Citation: Gary David Wood v Ali Ghoz and Ors [2017] NSWSC 1561 Hearing dates: 15 November 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Common Law Before: Hamill J Decision: (1) Grant leave to the plaintiff to file an amended statement of claim provided that is in substantially the same form as the proposed amended statement of claim which is annexure D to the affidavit of Kenneth James Heasman sworn on 25 October 2017.

(2) Pursuant to rule 21.12 Uniform Civil Procedure Rules, order that the third defendant comply with paragraph (2) of the Notice to Produce dated 22 August 2017 within 21 days of today.

(3) Pursuant to rule 21.12 Uniform Civil Procedure Rules, the plaintiff has leave to serve a further Notice to Produce on the third defendant for (i) the third defendant's records for the surgical rosters of the first and second defendants on 25 March 2014 and (ii) records held by the third defendant relating to its decision to employ the first defendant including the first defendant's application for employment, his resume, qualifications and references.

(4) The plaintiff is to pay the costs of the third defendant of and incidental to this notice of motion. Catchwords: CIVIL LAW – medical negligence – application to amend statement of claim – where no prejudice to the defendant – notice to produce – whether documents sought relevant to issues – "special reasons" – relevant considerations – whether amendment calculated to justify notice to produce – whether the tail is wagging the dog – costs – where success on notion dependant on amendment of statement of claim – where application to amend came after filing of notice of motion – where plaintiff largely succeeds on motion – in spite of success the plaintiff should bear the costs of the motion Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Haywood v Collaroy Services Beach Club [2005] NSWSC 1203 Jambrovic v Day [2017] NSWSC 1468 Keating v South East Sydney Illawarra Area Health Service, unreported Supreme Court New South Wales (Hall J) 7 July 2006 Priest v State of New South Wales [2006] NSWSC12 Category: Principal judgment Parties: Mr G Wood (Plaintiff) South Eastern Local Health District (Third Defendant/Respondent) Representation: Counsel: Mr A Lakeman (Plaintiff/Applicant) Mr S Kettle (Third Defendant/Respondent)