Porter v Le [2016] NSWSC 849

Supreme Court New South Wales

Medium Neutral Citation: Porter v Le [2016] NSWSC 849 Hearing dates: 17 June 2016 Date of orders: 23 June 2016 Decision date: 23 June 2016 Jurisdiction: Common Law Before: Harrison J Decision: (1) Direct that expert evidence at the hearing be given in concurrent session in the categories and groups indicated at [9]. (2) Grant leave to the plaintiff to tender the report of Associate Professor Havas of 7 June 2016 as part of his expert opinion in relation to issues addressed in the 24 February 2015 joint causation conclave report and to call him to give evidence on those issues. (3) Grant leave to the plaintiff to adduce evidence from Associate Professor Havas on the question of the plaintiff's symptoms and signs and treatment if he had not been prescribed Panafcort 25 mg twice daily for 5 days. (4) Grant liberty to apply in respect of orders (2) and (3) if required. Catchwords: PRACTICE & PROCEDURE – medical negligence – conclave of medical experts – where in excess of 20 medical specialists – whether the concurrent evidence of the experts should be given in groups of specialists or one concurrent session of all experts – whether leave should be granted to tender the report of an expert who was unable to attend the causation conclave and to call him to give evidence – whether leave should be granted to adduce evidence from an expert on the plaintiff's signs and symptoms Category: Procedural and other rulings Parties: Arthur George Porter (Plaintiff) Phong Le (Defendant) Representation: Counsel: D E Graham SC (Plaintiff) J M Morris SC (Defendant)