Sherry v Australasian Conference Association Ltd t/a Sydney Adventist Hospital & Others [2001] NSWSC 1153

Sherry v Australasian Conference Association Ltd t/a Sydney Adventist Hospital & Others [2001] NSWSC 1153

The experience and training of a surgeon are broadly relevant to the proof of negligence, and interrogatories seeking such information may assist the plaintiff at trial. The test for relevance at the stage of interrogatories is broader than for admissibility at trial. Thus, the defendant is required to answer the supplementary interrogatories.

Jurisdiction
Australia
Judgment Date
12 December 2001
Procedural Posture
Professional Negligence / Application for Answers to Supplementary Interrogatories
Outcome
Supplementary interrogatories ordered to be answered. Second defendant to pay plaintiff's costs of the motion.
Legal Topics
['professional Negligence' 'interrogatories' 'discovery']
['tort Law'] ['professional Negligence' 'interrogatories' 'discovery']

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Procedural Posture

Professional Negligence / Application for Answers to Supplementary Interrogatories

Legal Issues

  1. 1 ['Whether Dr Marshman should be ordered to answer supplementary interrogatories regarding his training and experience in off-pump and specific heart surgery.' 'Whether it is relevant to require answers regarding the number of surgeries performed at Sydney Adventist Hospital.']

Ratio Decidendi

The experience and training of a surgeon are broadly relevant to the proof of negligence, and interrogatories seeking such information may assist the plaintiff at trial. The test for relevance at the stage of interrogatories is broader than for admissibility at trial. Thus, the defendant is required to answer the supplementary interrogatories.

Court Disposition

Supplementary interrogatories ordered to be answered. Second defendant to pay plaintiff's costs of the motion.

Orders

  • ['Orders made pursuant to paragraphs 3 and 4 of the Minute of Orders initialled by the judge.' "Second defendant to pay plaintiff's costs of the motion for supplementary interrogatories."]