Scott v Hunter New England Local Health District [2019] NSWSC 1676

Supreme Court New South Wales

Medium Neutral Citation: Scott v Hunter New England Local Health District [2019] NSWSC 1676 Hearing dates: 5 November 2019 Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiff is granted leave to file and serve the amended statement of claim within 14 days.

(2) The first defendant is to answer interrogatories 1, 2, 3, 4 and 9.

(3) The first defendant is to file and serve a defence on or before 14 February 2020.

(4) Costs are reserved.

(5) The matter is listed for case management before Harrison AsJ at 10.00 am on 21 February 2020. Catchwords: PRACTICE AND PROCEDURE – Alleged medical negligence - Whether interrogatories should be administered – Whether leave should be granted to file an amended statement of claim – No point of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 50, 56, 57, 58, 64, 65 Uniform Civil Procedure Rules 2005 (NSW), r 22.1, 31.36 Cases Cited: Ahmed El Hayek v Josslyn Vasic & Anor; QBE Insurance (Australia) Limited v Wesfarmers Federation Insurance Pty Ltd [2010] NSWSC 1498 Cavric v Coopers & Lybrand (ACT) Ltd [2002] NSWSC 538 Haywood v Collaroy Services Beach Club [2005] NSWSC 1203 O'Meara v Dr Arianayagam [2006] NSWSC 797 Priest v State of NSW [2006] NSWSC 12 Salzki v Khoury [2009] NSWCA 195 Category: Procedural and other rulings Parties: Cooper Scott (Plaintiff) Hunter New England Local Health District (First Defendant) Mark Adamski (Second Defendant) Representation: Counsel: I Butcher (Plaintiff) S M Kettle (First Defendant)