Habelrih & Ors v Szirt & Ors [2004] NSWSC 54

New South Wales Supreme Court

CITATION : Habelrih & Ors v Szirt & Ors [2004] NSWSC 54 HEARING DATE(S) : 6 February 2004 JUDGMENT DATE : 18 February 2004

JURISDICTION: Common Law Division Professional Negligence List JUDGMENT OF : Studdert J DECISION : 1. I order the appointment of a joint conference pursuant to Pt 36 r 13CA of the Supreme Court Rules to be attended by Professor Colditz, Dr Williams, Dr McPhee and Dr Evans. 2. I order that an independent person be appointed to act as chairperson at such conference. 3. The conference is to be held without the attendance of legal representatives for the parties. 4. The expert witnesses identified in order 1 are directed to endeavour to reach agreement in relation to the questions set out in Annexure E to the affidavit of Rebecca Kearney affirmed 23 January 2004 by reference to the documents listed in Annexure F to that affidavit. 5. I order that the experts provide the court with a joint report specifying the matters agreed and the matters not agreed and the reason or reasons for the non-agreement. 6. I grant liberty to the parties to apply on three days notice failing agreement concerning the questions and the documents referred to in order 4, or as to the independent person to be appointed as chairperson. 7. Costs of the application concerning the joint conference of expert witnesses are to be costs in the cause. 8. The plaintiffs' motion concerning mediation is stood over to a date to be arranged with my associate following the provision of the joint report of experts.

Boardman v SESAHS [2001] NSWSC 930 CASES CITED : Booth v De Francesco [2002] NSWSC 145 Spasovic v Sydney Adventist Hospital [2002] NSWSC 164 Randa Mary Habelrih (1st Plaintiff) Elias A. Habelrih (2nd Plaintiff) PARTIES : Richard Habelrih (by his tutor Vanda Mary Maloof) (3rd Plaintiff) Dr Alex Szirt (1st Defendant) St Margaret's Hospital Limited (In Liquidation) (2nd Defendant) Catholic Church Insurances Limited (3rd Defendant) FILE NUMBER(S) : SC 20273/99 D. Hirsch (Plaintiffs) COUNSEL : M. McHugh (1st Defendant) S. Davis (2nd, 3rd Defendant) Maurice Blackburn Cashman (Plaintiffs) SOLICITORS : Blake Dawson Waldron (1st Defendant) Ebsworth & Ebsworth (2nd, 3rd Defendant)