Boardman v South Eastern Sydney Area Health Service & Ors [2001] NSWSC 930

Boardman v South Eastern Sydney Area Health Service & Ors [2001] NSWSC 930

Although joint expert conferences are useful in appropriate cases, the proposed conference here was too wide-ranging, involving eight experts, extensive entrenched disagreement, complex issues, likely practical difficulties because experts were in different locations, and significant cost. The Court was not persuaded that the orders sought would achieve a successful outcome at this stage; further refinement of the issues at a court conference was presently required.

Jurisdiction
Australia
Judgment Date
23 October 2001
Procedural Posture
Professional Negligence Claim Seeking Damages for Alleged Medical Negligence / Interlocutory Notice of Motion by the Second Defendant for a Joint Conference of Expert Witnesses
Outcome
Motion dismissed.
Legal Topics
['joint Conference of Expert Witnesses' 'expert Evidence' 'narrowing Issues' 'case Management' 'cardiac Surgery and Brain Damage Causation']
['civil Procedure' 'professional Negligence' 'medical Negligence'] ['joint Conference of Expert Witnesses' 'expert Evidence' 'narrowing Issues' 'case Management' 'cardiac Surgery and Brain Damage Causation']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Professional Negligence Claim Seeking Damages for Alleged Medical Negligence / Interlocutory Notice of Motion by the Second Defendant for a Joint Conference of Expert Witnesses

Legal Issues

  1. 1 ['Whether a joint conference of expert witnesses should be convened under Supreme Court Rule Part 36 Rule 13CA.' 'Whether the proposed wide-ranging conference of eight experts would be practicable and likely to narrow the complex medical issues in dispute.' 'Whether further refinement of the pleaded negligence issues should occur before any expert conference is ordered.']

Ratio Decidendi

Although joint expert conferences are useful in appropriate cases, the proposed conference here was too wide-ranging, involving eight experts, extensive entrenched disagreement, complex issues, likely practical difficulties because experts were in different locations, and significant cost. The Court was not persuaded that the orders sought would achieve a successful outcome at this stage; further refinement of the issues at a court conference was presently required.

Court Disposition

Motion dismissed.

Orders

  • ['The motion is dismissed.' "The second defendant is to pay the plaintiff's costs on the motion." 'The conference hearing for 26 October 2001 is vacated.' "In lieu thereof, the matter is to be placed in the Judge's list for Friday 2 November 2001."]