KF By Her Tutor RF v Royal Alexandra Hospital for Children known as the Children's Hospital Westmead and Anor [2011] NSWSC 399

Supreme Court New South Wales

Medium Neutral Citation: KF By Her Tutor RF v Royal Alexandra Hospital for Children known as the Children's Hospital Westmead and Anor [2011] NSWSC 399 Hearing dates: 5 May 2011 Decision date: 10 May 2011 Jurisdiction: Common Law Before: Johnson J Decision: 1. Pursuant to Rule 31.24(2)(c) Uniform Civil Procedure Rules 2005, a facilitator is directed to attend the reconvened breach of duty experts' conference on a date to be fixed. 2. If the parties cannot agree within 14 days upon the identity of a barrister or solicitor to act as facilitator for this purpose, each party is directed to furnish within 14 days a list containing at least three names of barristers or solicitors proposed by that party as an appropriate facilitator for the purpose of the reconvened conference, to permit the Court to select a person to act as facilitator. 3. Leave is granted to the Plaintiff to serve and rely upon the report dated 1 May 2011 of Dr Paul Thornton for the purposes of the issue of causation only. Catchwords: PRACTICE AND PROCEDURE - medical negligence claim - contested application for appointment of facilitator to attend reconvened meeting of breach of duty experts - role of facilitator - order made for attendance of facilitator - application for leave to rely upon further expert report served out of time - leave granted Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Habelrih v Szirt [2004] NSWSC 54 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Category: Interlocutory applications Parties: KF by her next friend RF (Plaintiff) Royal Alexandria Hospital for Children known as the Children's Hospital Westmead (First Defendant) Dr Brian Kearney (Second Defendant) Representation: Mr K Connor SC; Ms M Avenell (Plaintiff) Mr S Woods (First Defendant) Mr J Kirk; Ms V Thomas (Second Defendant) Paul A Curtis & Co (Plaintiff) General Insurance Law Limited (First Defendant) Blake Dawson (Second Defendant) File Number(s): 2002/69388