Recent Cases

Mid North Coast Local Health District v Hickson [2019] NSWCA 165 (05 July 2019) (Basten JA at [1]; Payne JA at [48]; Simpson AJA at [49])


Catchwords:


APPEAL – practice and procedure – appeal from judgement on a review reversing interlocutory decision of Registrar – application of principle of restraint in review of discretionary decision as to practice and procedure

PROCEDURE – interrogatories – personal injury claim – defendant’s application to administer interrogatories to plaintiff – rule requiring “special reasons” to make order – defendant seeking information as to possible limitation defence – information wholly within the plaintiff’s knowledge