Guerin v Watts [2002] NSWSC 692

New South Wales Supreme Court

CITATION : Guerin v Watts [2002] NSWSC 692 FILE NUMBER(S) : SC 20240/00 HEARING DATE(S) : 2 August 2002 JUDGMENT DATE : 2 August 2002

PARTIES : Michelle Guerin - Plaintiff Dr Alan Watts - Defendant JUDGMENT OF : Simpson J

COUNSEL : L Whalan - Plaintiff S Woods - Defendant SOLICITORS : Golsby Whiteley - Plaintiff Blake Dawson Waldron - Defendant CATCHWORDS : professional negligence - joint meeting of experts prior to hearing of claim for damages DECISION : The orders I make are: (i) that a joint meeting of experts take place pursuant to Pt 36 rule 13 CA; (ii) that the legal representatives of the parties prepare a document of the kind I have just mentioned; (iii) that the defendant's legal representatives prepare bundles of material, including draft sets of assumptions, experts' reports and questions for consideration of the medical practitioners; (iv) I note that the condition that the defendant meet the costs in first instance is not intended to be a condition that, in the event the plaintiff is unsuccessful, they would not be entitled to recover those costs. That would be a matter for separate consideration. The intention of that condition is simply to facilitate the conference taking place; (v) subject to anything counsel might say, I order the costs of this application be costs in the cause.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION professional negligence list

SIMPSON J

Friday 2 August 2002

20240/00 Michelle GUERIN v Alan WATTS

JUDGMENT 1 SIMPSON J: This is an application that a joint meeting of experts take place preliminary to the hearing of the plaintiff's claim for damages against the defendant in which she asserts that he, as a medical practitioner, was negligent in his treatment of her.