Hamlyn v Stanton [2020] NSWDC 634

District Court New South Wales

Medium Neutral Citation: Hamlyn v Stanton [2020] NSWDC 634 Hearing dates: 12-13 October 2020 Date of orders: 13 October 2020 Decision date: 13 October 2020 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs 15-21 and 33 Catchwords: EVIDENCE – expert evidence – whether opinion wholly or substantially based on "specialised knowledge" – whether opinion relevant to facts in issue – "basis rule" Cases Cited: Allianz Australia Ltd v Sim (2012) 10 DDCR 325 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588 Makita (Australia) Pty ltd v Sprowles (2001) 52 NSWLR 705 Category: Procedural and other rulings Parties: Mr R Hamlyn (Plaintiff) Mr R Stanton (Defendant) Representation: Counsel: Mr D Elliott for the plaintiff Ms J Sandford for the defendant

Solicitors: Gerard Malouf & Partners for the plaintiff Moray & Agnew Lawyers for the defendant File Number(s): 2019/188426 Publication restriction: Nil

Judgment

INTRODUCTION 1. The defendant objects to the report of Associate Professor Sandra Turner dated 21 July 2019. 2. Associate Professor Turner is a Senior Staff Specialist of the Crown Princess Mary Cancer Centre and Clinical Associate Professor of the University of Sydney. She is also associated with Westmead Hospital. Although her curriculum vitae was not produced at the time of argument, I was supplied with a print out (Exhibit A on the application), apparently published by the New South Wales government, concerning the Western Sydney Local Health District Urological Cancer MDT. Professor Turner was identified as a radiation oncologist who was identified as being one of the team members who were active members of what was described as a 'multidisciplinary cancer team'. By reference to cancer, I make specific reference to care for patients with urogenital cancer including, amongst other things, prostate cancer. Further, it is noted that she "co-ordinates" care for people with this form of cancer. It is also notable that this 'team' was said to include surgeons and medical oncologists.