Hogan v Jaffe [2022] NSWSC 1662

Supreme Court New South Wales

Medium Neutral Citation: Hogan v Jaffe [2022] NSWSC 1662 Hearing dates: 28 November 2022 Date of orders: 28 November 2022 Decision date: 28 November 2022 Jurisdiction: Common Law Before: N Adams J Decision: (1) Pursuant to r 31(28) of the Uniform Civil Procedure Rules 2005 (NSW), that the plaintiff be permitted to serve an expert report from a second endocrinologist. (2) That such evidence is to be served on or before 28 February 2023. (3) That the question of any costs thrown away by the second defendant as a result of a second endocrinologist report and re-pleading of the case be reserved. (4) That costs be in the cause. Catchwords: NOTICE OF MOTION – seeking leave to serve second expert report – expert currently practising medicine – expert speciality in endocrinology – two defence expert reports before the Court and one plaintiff expert report – s 5O of the Civil Liability Act 2002 (NSW) – importance of expert reports relating to liability in negligence where provision of professional services was undertaken in a manner widely accepted by peer professional opinion as competent professional practice – potential for second expert report to lead to reformulation of plaintiff's case – risk of prejudice to defendant – possibility for trial judge to preclude second expert report from evidence at hearing – possibility for defendants to object to second expert report Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Wadsworth v Hamilton [2022] NSWSC 396 Category: Procedural rulings Parties: Michael Joseph Hogan (Plaintiff) Martin Jaffe (First Defendant) Stephen Thornley (Second Defendant) Representation: Counsel: Mr M Robinson (Plaintiff) Mr M Hutchings (Second Defendant) File Number(s): 2019/00326641 Publication restriction: Nil.