Wilson v St Vincent’s Hospital Sydney (No 2) [2015] NSWSC 406

Supreme Court New South Wales

Medium Neutral Citation: Wilson v St Vincent's Hospital Sydney (No 2) [2015] NSWSC 406 Hearing dates: 9 April 2015 Date of orders: 09 April 2015 Decision date: 09 April 2015 Jurisdiction: Common Law Before: Campbell J Decision: I make the following directions: Direct the plaintiff to attend a medical examination with Dr Neil Simon, consultant neurologist, at a time to be fixed on 21 April 2015. She is also to submit to nerve conduction and nerve ultrasound studies of a non-invasive nature. Dispense with the requirement for the expert nurses to confer for the production of a joint report. Direct, subject to the discretion of the trial judge, that their evidence is to be given concurrently at the trial. The conclave of liability experts is to be held by 9 July 2015. The conclave is to be moderated by an experienced lawyer who will chair the conference and act as secretary to the conclave for the purpose of the preparation of the joint report. Joint report to be provided by 9 August 2015. The parties are to confer and agree upon the final form of the questions to be considered by the experts in conclave, the identity of the moderator, and those experts who must attend in person and those who may participate by telephone because their contribution is likely to be limited. Liberty to apply on three days' notice to my Associate. Such liberty to be exercised, if at all, by 9 May 2015. List the matter at 9am on 20 May 2015 before the Common Law Registrar for the purpose of fixing a hearing date and for directions as to the exchange of lay evidence. The costs of 30 March 2015 and of today are the parties' costs in the cause. Catchwords: PROCEDURE – civil – interlocutory orders – case management – whether the plaintiff should undergo additional medical examination – directions for expert conclave