Kaye v Woods and John James Memorial Foundation Ltd

[2014] ACTSC 84

Supreme Court of the ACT

Built by Barristers,
For Australian Law.

1. Appeal
2. › Appeal from interlocutory decision of Master
3. › Proper scope of appeal from Master under s 9 of Supreme Court Act 1993 (ACT)
4. › Considered but not decided
5. › Grounds in appeal led respondent to believe that appeal would be in House v The King sense
1. Appeal
2. › Whether Master erred in exercise of discretion
3. › Appellant failed to demonstrate error in Master’s decision
4. › Appeal dismissed
1. Practice and Procedure
2. › Pleadings
3. › Amendments
4. › Application by plaintiff to amend Statement of Claim five years after proceedings were commenced
5. › Action for damages for medical negligence
6. › Whether expert report provides evidentiary basis for proposed amendments
7. › Trial date previously vacated