Ahmad v South Western Sydney Local Health District [2018] NSWSC 1327

Supreme Court New South Wales

Medium Neutral Citation: Ahmad v South Western Sydney Local Health District [2018] NSWSC 1327 Hearing dates: 27 August 2018 Date of orders: 30 August 2018 Decision date: 30 August 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) The document headed "Proposed Interrogatories Amended" will be marked Exhibit A.

(2) Interrogatories 6, 7, 8 and 9 in Exhibit A are disallowed.

(3) The plaintiff is to serve an Amended Notice to Answer Interrogatories in accordance with this judgment by 6 September 2018.

(4) The defendant is to answer the Amended Notice to Answer Interrogatories by 4 October 2018. Catchwords: CIVIL PROCEDURE – interrogatories – medical negligence - transection of bile duct during open cholecystectomy – inadequate hospital notes – where experts need further information – objection to particular interrogatories – whether those interrogatories are necessary – whether interrogatories relate to issues in dispute Legislation Cited: Civil Liability Act 2002 (NSW) s 5O Uniform Civil Procedure Rules 2005 (NSW) rr 22.1, 22.2, 31.36 Cases Cited: Ahmed El Hayek v Josslyn Vasic & Anor; QBE Insurance (Australia) Limited v Wesfarmers Federation Insurance Pty Ltd [2010] NSWSC 1498 Edwards v Hornsby Shire Council [2014] NSWSC 600 In the matter of Gerard Cassegrain & Co Pty Ltd - Cassegrain v Gerard Cassegrain & Co Pty Ltd [2011] NSWSC 241 Keating v South East Sydney Illawarra Area Health Service (Supreme Court (NSW), Hall J, 7 July 2006, unrep) Texts Cited: Nil Category: Procedural and other rulings Parties: Mohammad Ahmad (Plaintiff) South Western Sydney Local Health District (Defendant) Representation: Counsel: I Butcher (Plaintiff) S M Kettle (Defendant)