NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Porter v Phong Le [2015] NSWSC 1218 Hearing dates: 25 August 2015 Date of orders: 25 August 2015 Decision date: 25 August 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The proceedings be listed for directions at 9.30am before Adamson J on 3 September 2015.
(2) The plaintiff's notice of motion dated 16 October 2014 be otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – application for separate determination of whether defendant breached duty of care – complex medical negligence proceedings – causation said to be complex – time taken to litigate causation exceeds breach – overlap of evidence – application dismissed – best course to allocate a hearing date. Legislation Cited: - Civil Procedure Act 2005 - Uniform Civil Procedure Rule – 28.2 Cases Cited: - Crawley v Vero Insurance Ltd [2012] NSWSC 593 - Neville v Lam (No 2) [2014] NSWSC 300 - Porter v Le, Porter v Western Sydney Local Health District [2014] NSWSC 101 - Porter v Le [2010] NSWSC 998 - Porter v Le, Porter v Western Sydney Local Health District [2014] NSWSC 883 - Southwell v Bennett [2010] NSWSC 1372 Category: Procedural and other rulings Parties: Arthur George Porter b.h.t. Barbara Mottershead - Plaintiff Dr Phong Le - Defendant Representation: Counsel: D.E. Graham SC, T. Stevens – Plaintiff J. Morris SC – Defendant
Solicitors: Carroll & O'Dea – Plaintiff Norton Rose Fulbright – Defendant File Number(s): 2007/265150
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