Dedousis v Gooley as Executor of the Estate of the late Melville William Gooley

• 1. Appeal
  2. › Leave to appeal
  3. › Interlocutory decision
  4. › Particular caution required for matters of practice and procedure
  5. › Whether appropriate to grant leave at early stage of proceedings where novel duty of care alleged
• 1. Practice and Procedure
  2. › Summary dismissal
  3. › Novel duty of care
  4. › Whether claim so obviously untenable that it cannot possibly succeed
  5. › Relevance of unidentified facts to determination of novel duty
  6. › Uniform Civil Procedure Rules 2005 (NSW), r 13.4
• 1. Tort
  2. › Negligence
  3. › Duty of care
  4. › Pure economic loss
  5. › Novel duty of care
  6. › Whether executor can maintain claim against testator's treating doctor
  7. › Whether duty owed to third party incompatible with duty owed to patient
  8. › Salient features approach

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