O'Reilly v Western Sussex NHS Trust (No.3) [2013] NSWSC 1644

O'Reilly v Western Sussex NHS Trust (No.3) [2013] NSWSC 1644

The report was admitted because, although the plaintiff's lawyers had inadequately complied with the UCPR obligations concerning Professor Tattersall's reports, the interests of justice favoured admission: the Court should have all of the expert's opinions before it and the defendants had the benefit of a one-week adjournment in which to obtain adequate instructions about the report.

Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Interlocutory Application Concerning Late Service and Admissibility of Medical Expert Report / Ex Tempore Judgment on Tender of Professor Tattersall's Report of 30 April 2013
Outcome
Report of Professor Tattersall of 30 April 2013 admitted.
Legal Topics
['expert Evidence' 'admissibility of Evidence' 'late Service of Expert Report' 'non Compliance With Court Orders' 'interests of Justice']
['evidence' 'civil Procedure'] ['expert Evidence' 'admissibility of Evidence' 'late Service of Expert Report' 'non Compliance With Court Orders' 'interests of Justice']

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Procedural Posture

Interlocutory Application Concerning Late Service and Admissibility of Medical Expert Report / Ex Tempore Judgment on Tender of Professor Tattersall's Report of 30 April 2013

Legal Issues

  1. 1 ["Whether the plaintiff should be permitted to rely on Professor Tattersall's report of 30 April 2013 despite non-compliance with the Court's orders for service." "Whether the interests of justice favoured admitting all of Professor Tattersall's opinions or excluding the late-served report."]

Ratio Decidendi

The report was admitted because, although the plaintiff's lawyers had inadequately complied with the UCPR obligations concerning Professor Tattersall's reports, the interests of justice favoured admission: the Court should have all of the expert's opinions before it and the defendants had the benefit of a one-week adjournment in which to obtain adequate instructions about the report.

Court Disposition

Report of Professor Tattersall of 30 April 2013 admitted.

Orders

  • ['The report of Professor Tattersall dated 30 April 2013 is admitted.']