res ipsa loquitur?

No thanks I’ve had a glass already. No really…what does it mean ? OK here’s a brief summary. The scope and effect of the principle of res ipsa loquitur have been decisively settled by the High Court: Schellenberg v Tunnel Holdings Pty Ltd (2000) 200 CLR 121. The principle is not a distinct, substantive rule […]

Truth and Credibility of witnesses

Coote v Kelly; Northam v Kelly [2016] NSWSC 1447 is a medical negligence case which involved an alleged failure to diagnose a melanoma on the sole of the foot of the plaintiff. In Coote Davies J had to weigh up the competing evidence of the Plaintiff and the deceased on the one hand and the four doctors […]

Interrogatories in medical negligence

Principles set out in [6]-[13] Rice v Ghabrial [2016] NSWSC 313 The issue of interrogatories is governed by the rules and generally requires that the interrogatories be “necessary”. In the case of personal injury matters, the rules also require that there be “special reasons” for the administering of the interrogatories. These matters were dealt with by […]