Aduebe v Lim [2017] NSWSC 1459

The hearing is to be expedited due to the plaintiff's terminal medical condition, with directions for case management and steps to preserve evidence if necessary.

Jurisdiction: Australia
Judgment Date: 24 October 2017
Procedural Posture: Personal Injury / Interlocutory; Procedural Order for Expedition
Outcome: Orders made for expedited hearing and conference between parties for medical examination and preservation of evidence.
Legal Topics: ['expedition' 'preservation of Evidence' 'medical Negligence']

['civil Procedure' 'personal Injury'] ['expedition' 'preservation of Evidence' 'medical Negligence']

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Procedural Posture

Personal Injury / Interlocutory; Procedural Order for Expedition

Legal Issues

1 ["Whether the hearing should be expedited given the plaintiff's terminal illness" "Whether steps should be taken to preserve the plaintiff's evidence"]

Ratio Decidendi

The hearing is to be expedited due to the plaintiff's terminal medical condition, with directions for case management and steps to preserve evidence if necessary.

Court Disposition

Orders made for expedited hearing and conference between parties for medical examination and preservation of evidence.

Orders

['Subject to compliance with the orders made by the Prothonotary, the hearing of these proceedings be expedited.' 'Direct the legal representatives of the parties to confer with a view to reaching agreement on a common date for medical examination of the plaintiff in Sydney and for the preservation of his evidence.']