Dailhou v Kelly; State of NSW (NSW Department of Education & Training) v Kelly (No 1) [2014] NSWSC 1213

Dailhou v Kelly; State of NSW (NSW Department of Education & Training) v Kelly (No 1) [2014] NSWSC 1213

The report of Dr Buckley is admitted in its entirety; its use is limited to the issue of life expectancy due to non-compliance with directions for joint expert conclave and case management principles.

Jurisdiction
Australia
Judgment Date
26 August 2014
Procedural Posture
Case Management/procedural Ruling / Ruling on Admissibility of Expert Report
Outcome
Report of Dr Buckley admitted, use limited to life expectancy issue.
Legal Topics
['expert Evidence' 'case Management' 'directions Regarding Expert Reports' 'joint Conclave' 'admissibility of Report']
['civil Procedure'] ['expert Evidence' 'case Management' 'directions Regarding Expert Reports' 'joint Conclave' 'admissibility of Report']

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Procedural Posture

Case Management/procedural Ruling / Ruling on Admissibility of Expert Report

Legal Issues

  1. 1 ['Whether the report of Dr Stephen Buckley should be admitted to evidence given non-compliance with directions for expert conclave and scope of report exceeding life expectancy issue']

Ratio Decidendi

The report of Dr Buckley is admitted in its entirety; its use is limited to the issue of life expectancy due to non-compliance with directions for joint expert conclave and case management principles.

Court Disposition

Report of Dr Buckley admitted, use limited to life expectancy issue.

Orders

  • ['Allow the report of Dr Buckley dated 29/04/14 on the basis of life expectancy; report admitted in entirety but use limited to life expectancy issue.']