Booth v Di Francesco [2002] NSWSC 154

Booth v Di Francesco [2002] NSWSC 154

The motion was dismissed because, after closely considering the expert reports and proposed questions, the Court was not satisfied that there was a reasonable expectation that an expert conference would advance the objectives of Practice Note 121. The experts had clear, firm and considered divergent opinions on the central issue of whether hysterectomy was appropriate, and a conference would not resolve critical factual disputes about the advice and warnings given to the plaintiff and her response.

Jurisdiction
Australia
Judgment Date
08 February 2002
Procedural Posture
Professional Negligence Claim / Defendant's Notice of Motion for an Order Pursuant to Pt 36 R 13 CA for a Conference of Medical Experts
Outcome
Notice of motion dismissed.
Legal Topics
['conference Between Experts' 'supreme Court Rules, Pt 36 R 13 Ca' 'practice Note 121' 'expert Evidence' 'hysterectomy and Bilateral Salpingo Oophorectomy' 'medical Treatment Options and Warnings']
['practice and Procedure' 'professional Negligence' 'medical Negligence'] ['conference Between Experts' 'supreme Court Rules, Pt 36 R 13 Ca' 'practice Note 121' 'expert Evidence' 'hysterectomy and Bilateral Salpingo Oophorectomy' 'medical Treatment Options and Warnings']

Case Brief

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Procedural Posture

Professional Negligence Claim / Defendant's Notice of Motion for an Order Pursuant to Pt 36 R 13 CA for a Conference of Medical Experts

Legal Issues

  1. 1 ['Whether the Court should order a conference of four medical experts pursuant to Pt 36 r 13CA.' 'Whether there was a reasonable expectation that a conference of experts would identify or narrow issues, shorten the trial, enhance settlement prospects, apprise the Court of issues, bind experts to positions, or avoid or reduce expert attendance at trial.' 'Whether divergent expert opinions and unresolved factual disputes about advice and warnings made the proposed expert conference insufficiently useful.']

Ratio Decidendi

The motion was dismissed because, after closely considering the expert reports and proposed questions, the Court was not satisfied that there was a reasonable expectation that an expert conference would advance the objectives of Practice Note 121. The experts had clear, firm and considered divergent opinions on the central issue of whether hysterectomy was appropriate, and a conference would not resolve critical factual disputes about the advice and warnings given to the plaintiff and her response.

Court Disposition

Notice of motion dismissed.

Orders

  • ['The notice of motion is dismissed.' "The defendant is to pay the plaintiff's costs thereof."]