Strike out considerations – echoes from an appeal

To summarily to dispose of the proceedings is one which calls for the exercise of “exceptional caution”. [1] The power cannot be exercised “once it appears that there is a real question to be determined whether of fact or law and that the rights of the parties depend upon it.” [2] It is only to […]

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 […]

Legal Principles Governing striking out Frivolous and Vexatious claims under rule 13.4 UCPR

Whether you are defending or prosecuting on a motion brought under rule 13.4 UCPR it goes without saying that in order to succeed you need to be aware of the caselaw applicable to such a claim. The rule basically allows a party to seek summary dismissal of an unmertitorious claim. The rule is designed to protect a […]