FOAKES v PARKER [1998] NSWCA 82

FOAKES v PARKER [1998] NSWCA 82

A temporary stay of execution should be ordered because there is a substantial question in the appeal regarding the refusal to admit rebuttal expert evidence on liability, and both parties should have an opportunity to file further material on that ground.

Parties
Plaintiff: Mrs Parker; Defendant: Dr Foakes
Jurisdiction
Australia
Judgment Date
14 December 1998
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Temporary stay of execution granted
Legal Topics
Stay of Execution, Evidence Rules, Quantum of Damages
Civil Procedure Medical Negligence Stay of Execution Evidence Rules Quantum of Damages

Case Brief

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Parties

Mrs Parker

Plaintiff

Dr Foakes

Defendant

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution of judgment should be granted pending appeal
  2. 2 Whether the judge erred in excluding rebuttal expert evidence under DCR Pt28 r8

Ratio Decidendi

A temporary stay of execution should be ordered because there is a substantial question in the appeal regarding the refusal to admit rebuttal expert evidence on liability, and both parties should have an opportunity to file further material on that ground.

Court Disposition

Temporary stay of execution granted

Orders

  • Stay of execution on the judgment until 15 February or further order of this Court
  • Costs of the motion to be costs in the appeal