John v Henderson (No.1) [2013] NSWSC 1435

John v Henderson (No.1) [2013] NSWSC 1435

Neither party's proposed form of questions for the joint conference of expert witnesses is appropriate. The Court determined the appropriate and fair list of open-ended and neutrally-phrased questions, with due regard to the relevant practice note, the rules, and the substantive dispute regarding the role and admissibility of expert evidence in matters of information provision. The settled (annexed) list of issues, with directions for use during the joint expert conference and report, is to be adopted.

Jurisdiction
Australia
Judgment Date
11 September 2013
Procedural Posture
Interlocutory Application / Directions Hearing Concerning Formulation of Issues for Expert Evidence Prior to Main Hearing
Outcome
Application for adoption of parties' proposed expert questions refused; Court orders use of annexed Court-formulated list of questions for the joint conference of experts.
Legal Topics
['expert Evidence' 'medical Negligence' 'informed Consent' 'civil Procedure Directions' 'fiduciary Duty']
['civil Procedure' 'tort Law' 'professional Negligence'] ['expert Evidence' 'medical Negligence' 'informed Consent' 'civil Procedure Directions' 'fiduciary Duty']

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Procedural Posture

Interlocutory Application / Directions Hearing Concerning Formulation of Issues for Expert Evidence Prior to Main Hearing

Legal Issues

  1. 1 ['Whether the appropriate list and wording of questions to be put to medical experts in a professional negligence case should be those proposed by either party or determined by the court; whether expert opinion is admissible in relation to the adequacy of medical advice and information regarding surgery; proper use of concurrent expert evidence and agreed issues for joint expert conference.']

Ratio Decidendi

Neither party's proposed form of questions for the joint conference of expert witnesses is appropriate. The Court determined the appropriate and fair list of open-ended and neutrally-phrased questions, with due regard to the relevant practice note, the rules, and the substantive dispute regarding the role and admissibility of expert evidence in matters of information provision. The settled (annexed) list of issues, with directions for use during the joint expert conference and report, is to be adopted.

Court Disposition

Application for adoption of parties' proposed expert questions refused; Court orders use of annexed Court-formulated list of questions for the joint conference of experts.

Orders

  • ['The list of questions as formulated and annexed to the judgment, including introductory material, is to be used for the joint conference of gynaecology experts.']