Cohen v Sacks [2020] NSWSC 1253

Supreme Court New South Wales

Medium Neutral Citation: Cohen v Sacks [2020] NSWSC 1253 Hearing dates: 04 September 2020 Date of orders: 14 September 2020 Decision date: 14 September 2020 Jurisdiction: Common Law Before: Harrison J Decision: See paragraph [2] for details of orders made. Catchwords: CIVIL PROCEDURE – professional negligence – where all parties seeking to amend earlier orders made – replacement timetable sought – new orders made – hearing date confirmed Category: Procedural and other rulings Parties: Mariela Cohen (First Plaintiff) Gavin Cohen (Second Plaintiff) Dr Gavin Sacks (First Defendant) IVF Australia Pty Ltd (Second Defendant) Representation: Counsel: K Sant (First and Second Plaintiffs) N Oreb (First Defendant) A Horvath (Second Defendant)

Solicitors: Crafers Law (First and Second Plaintiffs) Avant Law (First Defendant) Moray & Agnew (Second Defendant) File Number(s): 2016/299287 Publication restriction: Nil

Judgment 1. HIS HONOUR: This matter is listed for hearing commencing on 12 April 2021 with an estimate of five weeks. Orders were originally made on 22 April 2020 which all parties seek in varying respects to amend. 2. Having now heard the parties' respective submissions on what a replacement timetable should provide, I consider that the following orders should be made: 1. Plaintiffs and defendants to exchange proposed list of experts for each liability and quantum conclave together with the assumptions, the material to be sent to the experts and the questions for the experts by 20 November 2020. 2. Parties to agree on the list of experts for each liability and quantum conclave together with the assumptions, the material to be sent to the experts and the questions for the experts by 27 November 2020. 3. If the parties cannot agree on the composition of the conclaves, the assumptions, and the material to be sent to the experts or the questions for the experts by 27 November 2020: 1. counsel are to confer with a view to reaching agreement; and 2. if agreement still cannot be reached, the matter is re-listed on 4 December 2020 for the purposes of resolving the dispute/s. 1. Liability and quantum conclaves to be held by 12 February 2021 in the presence of an agreed facilitator. 2. Joint liability and quantum conclave reports to be signed and delivered to the parties by 26 February 2021. 3. Hearing date of 12 April 2021 confirmed with a five week estimate, including standard orders for hearing in accordance with the professional negligence practice note. 4. Liberty to apply on 3 days' notice. 5. Orders 1 to 10 made on 22 April 2020 are vacated.