Chaina v The Presbyterian Church (NSW) Property Trust (No 16)

In the case of Chaina v The Presbyterian Church (NSW) Property Trust, the plaintiff sought to reinstate expert evidence that had been rejected during the trial. The dispute involved claims related to alleged negligent medical treatment and subsequent loss of chance. The matter was before the Supreme Court of New South Wales, where the plaintiff sought to re-open and re-hear the case after the trial had well advanced.

The court was required to determine whether there was a misapprehension of fact or law that warranted the reconsideration of the earlier judgment. Additionally, the court had to assess whether the application to serve further expert reports amounted to a re-casting of the case. It also considered the principles of case management and whether the plaintiff had provided an adequate explanation for the delay in serving the reports. Furthermore, the court needed to address the issue of loss of chance, specifically whether it was necessary for the court to assess the value of the lost chance when there was an absence of evidence on the matter.

The court found that there was no misapprehension of fact or law that justified the re-opening of the case. It held that the application to serve further expert reports amounted to a re-casting of the case, as there was no explanation for the delay in serving the reports. The court further determined that it was not obligated to assess the value of the lost chance in the absence of evidence. Consequently, the application to reinstate the rejected evidence was dismissed.

The court ordered that the plaintiff pay the respondent's costs of the application, to be paid within 14 days.