Porter v Le; Porter v Western Sydney Local Health District [2014] NSWSC 883

Porter v Le; Porter v Western Sydney Local Health District [2014] NSWSC 883

Joint conferences of experts should be organised by issue—one for each defendant on breach of duty, and one for causation involving both cases—rather than by rigid specialty lines, to ensure efficient and effective expert consideration and avoid unnecessary cost and procedural complications.

Jurisdiction
Australia
Judgment Date
03 July 2014
Procedural Posture
Procedural and Other Rulings / Interlocutory Application Regarding Expert Conferences
Outcome
Orders made for three joint conferences of experts organised by issue and costs of determination to be in the proceedings.
Legal Topics
['experts' 'joint Conferences' 'breach of Duty' 'causation']
['medical Negligence' 'civil Procedure'] ['experts' 'joint Conferences' 'breach of Duty' 'causation']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Interlocutory Application Regarding Expert Conferences

Legal Issues

  1. 1 ['Whether joint conferences of experts should be organised by issue or specialty' 'Procedural management of expert evidence in complex medical negligence cases' 'Appropriate orders for joint conferences and concurrent expert evidence']

Ratio Decidendi

Joint conferences of experts should be organised by issue—one for each defendant on breach of duty, and one for causation involving both cases—rather than by rigid specialty lines, to ensure efficient and effective expert consideration and avoid unnecessary cost and procedural complications.

Court Disposition

Orders made for three joint conferences of experts organised by issue and costs of determination to be in the proceedings.

Orders

  • ['Order that there be joint conferences of experts on the separate questions of liability in each case and a third joint conference of experts on the combined question of causation in both cases.' 'Order that the costs of the determination of these issues be the costs in the proceedings.']