Cohen v Sacks [2021] NSWSC 191

Cohen v Sacks [2021] NSWSC 191

Having regard to the prior concern that vacating the hearing should not delay preparation and service of the statements of Mr and Mrs Cohen and Dr Sacks, and taking account of the plaintiffs' difficult financial position, the Court made directions setting timetables for subpoenas, evidence, expert conclaves, lay witness statements and the confirmed hearing date.

Jurisdiction
Australia
Judgment Date
09 March 2021
Procedural Posture
Civil Procedure; Professional Negligence / Directions for Further Conduct of Proceedings and Service of Evidence Before Hearing
Outcome
Directions made; hearing date of 28 February 2022 confirmed with a 5 week estimate.
Legal Topics
['directions for Service of Evidence' 'subpoenas' 'quantum Evidence' 'expert Conclaves' 'lay Witness Statements']
['civil Procedure' 'professional Negligence'] ['directions for Service of Evidence' 'subpoenas' 'quantum Evidence' 'expert Conclaves' 'lay Witness Statements']

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Procedural Posture

Civil Procedure; Professional Negligence / Directions for Further Conduct of Proceedings and Service of Evidence Before Hearing

Legal Issues

  1. 1 ['What directions should be made for the further conduct of the proceedings in anticipation of the hearing scheduled to commence on 28 February 2022.' 'Whether the plaintiffs should be permitted to limit the extent to which they are required to serve evidentiary statements because of impecuniosity and a desire to limit legal costs.']

Ratio Decidendi

Having regard to the prior concern that vacating the hearing should not delay preparation and service of the statements of Mr and Mrs Cohen and Dr Sacks, and taking account of the plaintiffs' difficult financial position, the Court made directions setting timetables for subpoenas, evidence, expert conclaves, lay witness statements and the confirmed hearing date.

Court Disposition

Directions made; hearing date of 28 February 2022 confirmed with a 5 week estimate.

Orders

  • ['Plaintiffs to comply with the outstanding subpoenas by no later than 31 March 2021: paragraphs 1, 2, 3, 4 of the subpoena issued 21 May 2020 to the second plaintiff; paragraphs 2, 3, 5, 6 of the subpoena issued 12 October 2020 to the second plaintiff; paragraphs 2, 3, 5, 6 of the subpoena issued 12 October 2020 to...