Mid North Coast Local Health District v Hickson

• 1. Appeal
  2. › Practice and procedure
  3. › Appeal from judgment on review reversing interlocutory decision of Registrar
  4. › Application of principle of restraint in review of discretionary decision as to practice and procedure
  5. › Whether primary judge failed to apply principle of constraint from In re the Will of Gilbert
• 1. Practice and Procedure
  2. › Interrogatories
  3. › Personal injury claim
  4. › Defendant's application to administer interrogatories to plaintiff
  5. › Rule requiring 'special reasons' to make order
  6. › Defendant seeking information as to possible limitation defence
  7. › Information wholly within plaintiff's knowledge
  8. › Whether absence of pleaded defence precluded order for interrogatories
  9. › Whether special reasons existed
  10. › Uniform Civil Procedure Rules 2005 (NSW), r 22.1
• 1. Limitation of Actions
  2. › Personal injury
  3. › Discoverability
  4. › Limitation period running from date cause of action first discoverable
  5. › Whether defendant entitled to interrogate plaintiff to ascertain discoverability date before pleading limitation defence
  6. › Limitation Act 1969 (NSW), ss 50C, 50D

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