Tabet bht Sheiban v Mansour & Ors [2006] NSWSC 770

New South Wales Supreme Court

CITATION : Tabet bht Sheiban v Mansour & Ors [2006] NSWSC 770

HEARING DATE(S) : 19-31 July, 1-2 August 2006

JUDGMENT DATE : 3 August 2006

JURISDICTION : Common Law Division Professional Negligence List

JUDGMENT OF : Studdert J

DECISION : The joint report of the experts is not admitted into evidence.

Supreme Court Rules LEGISLATION CITED : Uniform Civil Procedure Rules Evidence Act

CASES CITED : Makita (Aust) Pty Limited v Sprowles (2001) 52 NSWLR 705 Tabet by her tutor Sheiban v Mansour [2006] NSWSC 754

Reema Tabet by her tutor Ghassan Sheiban (Plaintiff) PARTIES : Dr Albert Mansour (1st Defendant) Dr Maurice Gett (2nd Defendant)

FILE NUMBER(S) : SC 20239/01

COUNSEL : G.B. Hall QC/Dr R. Pincus (Plaintiff) M.T. McCulloch SC/T. Berberian (Defendants)

SOLICITORS : Miller Goddard Solicitors (Plaintiff) Blake Dawson Waldron (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST

STUDDERT J

Thursday 3 August 2006

20239/01 REEMA CATHERINE TABET by her tutor GHASSAN SHEIBAN v DR ALBERT MANSOUR & ANOR

JUDGMENT (On admissibility of joint experts' report) 1 HIS HONOUR: On 27 July 2006 I delivered an earlier judgment in this matter, stating my reasons for granting leave to the plaintiff to adduce expert evidence inconsistent with the content of the joint experts' report concerning the lumbar puncture on 13 January 1991: [2006] NSWSC 754. 2 Yesterday Mr McCulloch pursued the tender of the report and, having heard the competing submissions of counsel and having considered the matter over the luncheon adjournment, I stated my conclusion that the report ought not to be admitted into evidence. I now publish my reasons for that conclusion. 3 Mr McCulloch submitted that the report should be admitted on two bases: