NSW Caselaw
New South Wales Supreme Court
CITATION : Harris v Bellemore [2009] NSWSC 1496
HEARING DATE(S) : 9 April 2009 JUDGMENT OF : McCallum J
EX TEMPORE JUDGMENT DATE : 9 April 2009
DECISION : The tender of Dr Kitchener's second report dated 8 April 2009 is rejected (MFI 44).
CATCHWORDS : EXPERT EVIDENCE - s 108C Evidence Act - expert evidence going only to credibility of defendant doctor
LEGISLATION CITED : Evidence Act 1995
CATEGORY : Procedural and other rulings
PARTIES : Paul Harris (Plaintiff) Dr Michael Bellemore (Defendant)
FILE NUMBER(S) : SC 99/49908
COUNSEL : Mr T D Kelly / Mr G Watson (Solicitors) (Plaintiff) Mr M Bozic SC / Mr E C Muston (Defendant)
SOLICITORS : T D Kelly & Co (Plaintiff) Blake Dawson (Defendant)
- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
MCCALLUM J
9 APRIL 2009
20699/01 PAUL HARRIS v DR MICHAEL BELLEMORE
JUDGMENT 1 HER HONOUR: These are proceedings for medical negligence which have been heard over a period of 14 days and stood over part heard for further hearing in May. The proceedings are before me today for directions in respect of the further hearing.
2 Since the previous adjournment of the hearing there has been a significant development in the issues in dispute between the parties. The plaintiff alleges that Dr Bellemore breached his duty of care towards him in that he did not use either conical washers or hinges on the Ilizarov frame fitted to the plaintiff. The significance of that allegation is that, in the absence of either conical washers or hinges, the frame was insufficiently flexible to enable the correction of a varus deformity in the plaintiff's leg during the distraction process. As a result, it is alleged, the deformity had to be corrected by a second osteotomy, during which the plaintiff suffered a vascular injury. Dr Bellemore had, during the earlier hearing, strongly denied that allegation, alleging that he affixed conical washers to the Ilizarov frame when it was first fixed to the plaintiff's leg.
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