Birth trauma claim: Pleading amendments

Rae by his tutor Rae v South Western Sydney Local Health Network [2016] NSWSC 1176 required consideration of a claimant’s request to amended a statement of claim to add new allegations of negligence, referencing an expert’s report served sometime earlier.

The court took the view that the the arguably “new” particulars are no more and no less than a slightly more detailed description of the case as already particularised: [8].

The amendments were allowed.

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