Appellate review of summary dismissal

Tannous v South Eastern Sydney Local Health District [2015] NSWCA 356 saw the Court called upon to revisit an order by which medical negligence proceedings were dismissed. That order was overturned and instead the claimant was given leave, somewhat constrained, to file a motion seeking leave to amend the statement of claim.

The Court said at [18]:

…the Court below was entitled to strike out the amended statement of claim. However, unless, for reasons which were not articulated, the Court were satisfied that, given an opportunity to replead the appellant would be unable to articulate an available cause of action or there was some other reason why liberty to replead should not in the proper exercise of the Court’s discretion have been granted, an opportunity to replead on the limited basis identified above, with respect to the Local Health District and Dr Dedousis alone, should have been provided.

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