Porter v Le; Porter v Western Sydney Local Health District [2014] NSWSC 883

Supreme Court New South Wales

Medium Neutral Citation: Porter v Le; Porter v Western Sydney Local Health District [2014] NSWSC 883 Hearing dates: 21 August 2013 Decision date: 03 July 2014 Before: Harrison J Decision: 1. Order that there be joint conferences of experts on the separate questions of liability in each case and a third joint conference of experts on the combined question of causation in both cases. 2. Order that the costs of the determination of these issues be the costs in the proceedings. Catchwords: MEDICAL NEGLIGENCE - experts - joint conferences of experts - where complex issues of breach of duty and causation arise - constitution of conferences dealing with competing opinions derived from differing medical specialties - whether conferences should be divided along lines of expertise or issues Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Porter v Le [2010] NSWSC 998 Porter v Le [2014] NSWSC 101 Category: Procedural and other rulings Parties: Arthur Porter (Plaintiff) Phong Le (Defendant) (2007/265150) Western Sydney Local Health District (Defendant) (2011/200099) Representation: Solicitors: C O'Dea (Plaintiff) Norton Rose (Le) Crown Solicitor (Western Sydney Local Health District) File Number(s): 2007/265150 & 2011/200099 Publication restriction: Nil

Judgment 1HIS HONOUR: The parties in these matters are unable to agree upon the question of whether one joint conference of experts should take place or whether there should be a series of expert conferences. The parties have also not agreed upon who should be permitted to attend whatever conferences are ordered or whether they should be organised upon the basis of identified legal and medical issues or by reference to particular medical specialties. A similar dispute exists with respect to the issues of both breach of duty and causation. The disputes are said not simply to be argumentative, but apparently have potentially significant procedural and cost ramifications. 2I have previously considered contested issues in these proceedings: see Porter v Le [2010] NSWSC 998 and Porter v Le [2014] NSWSC 101. Familiarity with those decisions is assumed for present purposes.