Recent Cases

State of New South Wales v Hollingsworth [2023] NSWCA 152 (04 July 2023) (Mitchelmore and Stern JJA, Basten AJA)


Catchwords:


CIVIL PROCEDURE – medical examination – whether primary judge erred in relying on cl 5(c) Sch 7 of the Uniform Civil Procedure Rules 2005 (NSW) – Clause 5(c) does not confer power on the Court to direct expert witnesses as to how they conduct assessment for the purpose of preparing expert report – whether primary judge took into account irrelevant considerations and failed to take into account relevant considerations – no right to have assessment recorded;

JURISDICTION – whether orders made by the primary judge were within power – Rule 23.4 of the Uniform Civil Procedure Rules 2005 (NSW) – Section 61 of the Civil Procedure Act 2005 (NSW) – inherent jurisdiction;

JUDGMENT AND ORDERS – Amending, varying and setting aside – Court of Appeal – Re-exercise of discretion under r 23.4 of the Uniform Civil Procedure Rules 2005 (NSW)