DC v State of NSW, TB v State of NSW (No. 5) [2013] NSWSC 1925

DC v State of NSW, TB v State of NSW (No. 5) [2013] NSWSC 1925

Given complexity of issues and competing expert material already served, it is inappropriate to appoint a single expert or restrict the defendant to only Dr Parmegiani for examination. The interests of both parties and justice require allowing the defendant to engage a psychiatrist of its choice, provided a sufficient history is furnished to minimise trauma. Orders were made to stand over the motion for directions concerning form of order and supporting documentation, and otherwise, directions for expert reports and evidence were set.

Jurisdiction
Australia
Judgment Date
31 October 2013
Procedural Posture
Civil / Interlocutory Application (directions and Motions)
Outcome
Directions made, motions stood over for further directions, defendant's motion for joint expert otherwise dismissed, costs reserved.
Legal Topics
['application for Medical Examination' 'single Expert Direction' 'case Management Orders']
['civil Procedure'] ['application for Medical Examination' 'single Expert Direction' 'case Management Orders']

Case Brief

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Procedural Posture

Civil / Interlocutory Application (directions and Motions)

Legal Issues

  1. 1 ['Whether an order for medical examination of plaintiffs by a defendant-appointed expert should be made' 'Whether a single expert direction should be applied in complex personal injury matters' 'Whether plaintiffs can dictate the choice of expert for examination']

Ratio Decidendi

Given complexity of issues and competing expert material already served, it is inappropriate to appoint a single expert or restrict the defendant to only Dr Parmegiani for examination. The interests of both parties and justice require allowing the defendant to engage a psychiatrist of its choice, provided a sufficient history is furnished to minimise trauma. Orders were made to stand over the motion for directions concerning form of order and supporting documentation, and otherwise, directions for expert reports and evidence were set.

Court Disposition

Directions made, motions stood over for further directions, defendant's motion for joint expert otherwise dismissed, costs reserved.

Orders

  • ['Plaintiffs to serve answers to particulars and damages claim (with supporting documents) by 4pm 7/11/13.' 'Defendant to file and serve any defence to Further Amended Statement of Claim by 4pm 21/11/13.' 'Plaintiffs to serve written statements of oral evidence to defendant by 4pm 31/1/14.' 'Plaintiffs to serve all...