In Lewis v Martin & Ors [2024] QSC 81, the Supreme Court of Queensland reviewed an application involving Christine Ann Lewis, who brought a claim against Priscilla Martin, Ramsay Healthcare Australia Pty Limited (operating as Sunshine Coast University Private Hospital), and the Sunshine Coast Hospital and Health Service. This case revolved around an Amended Statement of Claim, wherein the plaintiff sought to introduce new allegations of a failure to warn and advise about medical treatment options.
Judge Sullivan examined four applications: two from the first and third defendants seeking to strike out specific amendments, and two cross-applications from the plaintiff for leave to include these amendments. The crucial points considered involved whether the new causes of action were substantially based on previously pleaded facts and if allowing them was appropriate despite delays and the absence of expert evidence supporting the plaintiff's claims.
The court found that the new allegations did arise from substantially the same facts as the existing claims and that an appropriate exercise of discretion warranted granting the amendments. Consequently, the applications to strike out the amendments were dismissed, and the plaintiff's applications for leave were granted, allowing her to proceed with the amended claims.