John v Henderson (No.1) [2013] NSWSC 1435

Supreme Court New South Wales

Medium Neutral Citation: John v Henderson (No.1) [2013] NSWSC 1435 Hearing dates: 22/08/2013 Decision date: 11 September 2013 Jurisdiction: Common Law Before: Garling J Decision: Neither of the forms of questions proposed by the parties is appropriate but rather, the list of questions including the introductory material which is annexed to this judgment will be the appropriate issues to be put to the experts. Catchwords: EVIDENCE - Professional Negligence List - Application of Practice Note SC CL 7 - expert evidence to be given concurrently - no agreement on issues to be considered by experts - whether proposed questions for experts appropriate

PROCEDURE - issues to be considered by experts to be determined by the Court - speedy determination of issues - Application of ss 58 and 61 of the Civil Procedure Act (2005). Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Botany Bay Council v Rethman Australia Environmental Services Pty Limited [2004] NSWCA 414 Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479 Rosenberg v Percival [2001] HCA 18; (2001) 205 CLR 434 Category: Interlocutory applications Parties: Kerrie Anne John (P) Dr Peter Henderson (D) Representation: Counsel: D Graham SC (P) V Thomas (D) Solicitors: Carroll & O'Dea Lawyers (Sydney) (P) Ashurst Australia (D) File Number(s): 2010/00268509