Stott v Australian Hospital Care (Pindara) Pty Ltd t/a Pindara Private Hospital [2022] NSWSC 1508

Supreme Court New South Wales

Medium Neutral Citation: Stott v Australian Hospital Care (Pindara) Pty Ltd t/a Pindara Private Hospital [2022] NSWSC 1508 Hearing dates: 23 September 2022 Date of orders: 23 September 2022 Decision date: 23 September 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The hearing date is vacated. (2) The plaintiff to pay the defendants' costs of the motion to vacate. (3) The plaintiff to pay the defendants' costs forthwith by reason of the vacation of the hearing date. (4) Earlier orders in respect of conclaves are vacated. (5) By 30 November 2022, the plaintiff to serve an evidentiary statement and any other lay statements of any other lay witnesses upon which the plaintiff intends to rely. (6) The plaintiff to serve any additional medical evidence on which the plaintiff intends to rely by 30 November 2022. (7) By 15 December 2022, the plaintiff to write to the solicitors for the defendants, identifying: (a) which experts the plaintiff proposes participate in conclaves and prepare a joint reports; and (b) which experts the plaintiff proposes not meet in conclave but give evidence separately and identify why the plaintiff proposes any expert should not meet in conclave. (8) By 9 February 2023, the defendants to serve any expert medical evidence on which they seek to rely. Catchwords: CIVIL PROCEDURE — hearings — adjournment — application to vacate hearing date — relevant factors — costs — expert witnesses — conclave preparations — long lists of questions and assumptions — overriding purpose of just quick and cheap litigation not being served Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Texts Cited: Practice Note SC Gen 11 Category: Procedural rulings Parties: Christopher Stott (Plaintiff) Australian Hospital Care (Pindara) Pty Limited trading as Pindara Private Hospital (First Defendant) Dr Matthew Scott-Young (Second Defendant) Dr James Yu (Third Defendant) Representation: Counsel: L E Abboud (Plaintiff) S M Kettle (First Defendant) S Habib SC (Second Defendant) M Hutchings (Third Defendant)