Wilson v Brookes & Anor [2002] NSWSC 531

Wilson v Brookes & Anor [2002] NSWSC 531

There was no waiver of privilege in the solicitor-expert correspondence; plaintiff may administer agreed interrogatories to the defendants prior to serving expert reports, and appropriate procedural orders were made regarding timelines and costs.

Jurisdiction
Australia
Judgment Date
30 May 2002
Procedural Posture
Professional Negligence / Interlocutory Applications Regarding Interrogatories and Compliance With Court Rules
Outcome
Interlocutory orders made regarding interrogatories, filing of medical reports, refusal of discovery of expert correspondence, and costs; part-dispositive only.
Legal Topics
['interrogatories' 'expert Evidence' 'privilege' 'costs']
['common Law' 'professional Negligence'] ['interrogatories' 'expert Evidence' 'privilege' 'costs']

Case Brief

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Procedural Posture

Professional Negligence / Interlocutory Applications Regarding Interrogatories and Compliance With Court Rules

Legal Issues

  1. 1 ['Whether the plaintiff can serve interrogatories on the defendants before providing expert reports under Part 14C rule 6' 'Whether correspondence between the plaintiff’s solicitors and UK experts is privileged or discoverable' 'Who should bear the costs of the interlocutory applications']

Ratio Decidendi

There was no waiver of privilege in the solicitor-expert correspondence; plaintiff may administer agreed interrogatories to the defendants prior to serving expert reports, and appropriate procedural orders were made regarding timelines and costs.

Court Disposition

Interlocutory orders made regarding interrogatories, filing of medical reports, refusal of discovery of expert correspondence, and costs; part-dispositive only.

Orders

  • ['Grant leave to the plaintiff within seven days to administer interrogatories to each defendant in the form settled.' 'Order the defendants within 42 days of service of the notice to give verified answers to interrogatories.' 'Order the plaintiff on or before 22 August 2002 to file and serve expert reports in...