KF By Her Tutor RF v Royal Alexandra Hospital for Children known as the Children's Hospital Westmead and Anor [2011] NSWSC 399

KF By Her Tutor RF v Royal Alexandra Hospital for Children known as the Children's Hospital Westmead and Anor [2011] NSWSC 399

Given the unusual circumstances requiring a reconvened expert conference to complete a detailed Schedule of Responses and to advance the court's previous directions, the appointment of a facilitator is ordered to ensure the process is effective. Further, because the delay in serving Dr Thornton's report was sufficiently explained and does not occasion prejudice, leave is granted to rely on the report for causation only.

Jurisdiction
Australia
Judgment Date
10 May 2011
Procedural Posture
Interlocutory Application / Judgment on Plaintiff's Application for Appointment of Facilitator and for Leave to Rely on Expert Report
Outcome
Plaintiff granted orders sought for appointment of facilitator and leave to rely on late expert report for causation only.
Legal Topics
['expert Evidence' 'leave to Rely on Evidence' 'case Management' 'medical Negligence Procedure']
['civil Procedure' 'medical Negligence'] ['expert Evidence' 'leave to Rely on Evidence' 'case Management' 'medical Negligence Procedure']

Case Brief

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Procedural Posture

Interlocutory Application / Judgment on Plaintiff's Application for Appointment of Facilitator and for Leave to Rely on Expert Report

Legal Issues

  1. 1 ["Whether a facilitator should be appointed for the reconvened breach of duty experts' conference under UCPR r 31.24(2)(c)" 'Whether the Plaintiff should be granted leave to serve and rely on the report of Dr Paul Thornton served out of time for the purposes of causation']

Ratio Decidendi

Given the unusual circumstances requiring a reconvened expert conference to complete a detailed Schedule of Responses and to advance the court's previous directions, the appointment of a facilitator is ordered to ensure the process is effective. Further, because the delay in serving Dr Thornton's report was sufficiently explained and does not occasion prejudice, leave is granted to rely on the report for causation only.

Court Disposition

Plaintiff granted orders sought for appointment of facilitator and leave to rely on late expert report for causation only.

Orders

  • ["A facilitator is directed to attend the reconvened breach of duty experts' conference under Rule 31.24(2)(c) UCPR." 'If no agreement on facilitator within 14 days, each party to provide at least three proposed names for the Court to select a facilitator.' "Plaintiff granted leave to serve and rely on Dr Paul...