El-Mouelhy v Reid [2020] NSWSC 676

Supreme Court New South Wales

Medium Neutral Citation: El-Mouelhy v Reid [2020] NSWSC 676 Hearing dates: 27 May 2020 Decision date: 01 June 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) The plaintiff is to attend the following examinations:

(a) Dr Angelo Virgona on 9 June 2020; and

(b) Dr Seamus Dalton on 2 June 2020.

(2) The defendant is to serve any refresher evidence, in the form of further reports from Dr Virgona and Dr Dalton, by 30 June 2020.

(3) The report by Dr Virgona is to be confined to his opinions concerning the issues raised in Questions 2(b) and (c) and Question 5 of the conclave report of Dr Virgona and Dr Roberts, dated 2 August 2018.

(4) Costs of the notice of motion are costs in the cause. Catchwords: CIVIL PROCEDURE – medical examinations – application for the plaintiff to attend medical and other examinations and for further expert evidence to be served pursuant to r 23.4 of the Uniform Civil Procedure Rules 2005 (NSW) – whether refresher evidence required for upcoming hearing – whether application justified by the defendant instructing new solicitors – whether evidence from two experts on the on the same topic should be obtained – whether plaintiff will have adequate time to prepare reply to evidence – medical examinations and expert evidence ordered on a limited basis Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 23.4 Category: Procedural and other rulings Parties: Nadia El-Mouelhy (Plaintiff) Richard Reid (Defendant) Representation: Counsel: E Romaniuk SC; S Roulstone (Plaintiff) P Rooney (Defendant)