Smith v Workers’ Compensation Nominal Insurer [2015] NSWSC 376

Smith v Workers’ Compensation Nominal Insurer [2015] NSWSC 376

Leave is granted in advance of trial for the cross defendant to lead evidence from Mr Burchett and Ms Farag, as their evidence touches on issues addressed in the joint medical report; Dr Warwick Stening, neurosurgeon, is directed to participate in the conference of medical experts given the central issue of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Personal Injuries; Work Injury Damages / Pre Trial; Interlocutory Directions
Outcome
Interlocutory orders granted
Legal Topics
['expert Evidence' 'case Management' 'workers Compensation' 'work Injury Damages']
['civil Procedure'] ['expert Evidence' 'case Management' 'workers Compensation' 'work Injury Damages']

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Procedural Posture

Personal Injuries; Work Injury Damages / Pre Trial; Interlocutory Directions

Legal Issues

  1. 1 ['Admissibility of expert evidence not included in joint report' 'Participation of neurosurgeon in expert conference' 'Procedure for expert conclave in work injury damages case']

Ratio Decidendi

Leave is granted in advance of trial for the cross defendant to lead evidence from Mr Burchett and Ms Farag, as their evidence touches on issues addressed in the joint medical report; Dr Warwick Stening, neurosurgeon, is directed to participate in the conference of medical experts given the central issue of pre-injury and post-injury fitness for work, which is not solely dependent on orthopaedic expertise.

Court Disposition

Interlocutory orders granted

Orders

  • ['Leave granted to cross defendant to lead evidence from Mr Burchett and Ms Farag at trial' 'Dr Warwick Stening to participate in expert conference with Professor Higgs and Dr Mullens' 'Experts to confer by telephone and produce joint report by 13 April 2015' 'Matter listed for readiness check on 14 April 2015'...