O'Reilly v Western Sussex NHS Trust (No.2) [2013] NSWSC 1659

Supreme Court New South Wales

Medium Neutral Citation: O'Reilly v Western Sussex NHS Trust (No.2) [2013] NSWSC 1659 Hearing dates: 08/11/2013 Decision date: 08 November 2013 Jurisdiction: Common Law Before: Garling J Decision: Order, pursuant to rule 31.23(3) and 31.23(4) of the Uniform Civil Procedure Rules 2005 that the plaintiff have leave to rely upon the reports of Professor Tattersall dated 31 August 2012, 2 October 2012 and 23 October 2013, notwithstanding that those reports do not adopt the Expert Witness Code of Conduct contained in schedule 7 of the UCPR. Catchwords: EVIDENCE - expert evidence - admissibility of evidence - compliance with r 31.23 of Uniform Civil Procedure Rules 2005 - whether discretion should be exercised under r 31.23(3) of UCPR - interests of justice require balance between any real or substantial prejudice and the determination of all issues at trial - overriding duty of trial judge to ensure a fair trial - overriding purpose of UCPR Legislation Cited: Civil Procedure Act 2005 Evidence Act 1995 Fatal Accidents Act (UK) 1976 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Hodder Rook & Associates Pty Limited v Genworth Financial Mortgage Insurance Pty Limited [2011] NSWCA 279 O'Reilly v Western Sussex Hospital NHS Trust [2010] NSWSC 909 Ray Fitzpatrick Pty Limited v Minister for Planning [2007] NSWLEC 791 Category: Procedural and other rulings Parties: Sue Ellen O'Reilly (P) Western Sussex Hospital NHS Trust (D1) Manoj Sen (D2) Mansour Poushin (D3) Representation: Counsel: Mr Bartley SC / Mr Toomey (P) Mr Wilson-Smith QC / Mr Cheney SC (D1, D2, D3) Solicitors: Beilby Poulden Costello (P) Kennedys (Australasia) Pty Ltd (D1, D2, D3) File Number(s): 2011/187028