Category Archives: s. 196A

Riley v Australian Hospital Care Limited [2004] TASSC 150 (17 December 2004)

[2004] TASSC 150

Procedure – Supreme Court procedure – Tasmania – Jurisdiction and generally – Application to stay proceedings – Failure of plaintiff to give facilities to defendant’s medical practitioners – Whether access to records necessary to enable medical practitioners to ascertain fully the nature and extent of the injury.

Evidence Act 2001  (Tas), s196A(1)(b).

Aust Dig Procedure [265]

Riley v Australian Hospital Care Limited [2004] TASSC 111 (5 October 2004)

[2004] TASSC 111
Procedure – Supreme Court procedure – Tasmania – Jurisdiction and generally – Application to stay proceedings for failure by plaintiff claiming damages for personal injuries to furnish medical practitioner appointed by the defendant with facilities and information necessary to enable the medical practitioner to ascertain fully the nature and extent of the injury – To whom the facilities and information must be provided – Whether there has been a failure to give the facilities and information – Whether the medical practitioner requires the facilities and information – Whether objectively the facilities and information required are necessary to enable the medical practitioner to ascertain fully the nature and extent of the injury.

O’Shea v Royal Derwent Hospital Board of Management (1990) Tas R 124 referred to and Simpson v Attorney-General [1997] TASSC 89; (1997) 7 Tas R 61 applied.

Evidence Act 2001  (Tas), s196A.

Aust Dig Procedure [265]