Sandra Battersby v Allan; Darrel Battersby v Allan [2017] NSWSC 1724

Supreme Court New South Wales

Medium Neutral Citation: Sandra Battersby v Allan; Darrel Battersby v Allan [2017] NSWSC 1724 Hearing dates: 23 October 2017; 29 November 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) Proceedings 2015/00283601 and 2015/00283267 are to be heard together.

(2) The notice of motion and supporting affidavits of Leonie Ruth Beyers filed in proceedings 2015/00283610 are also read in proceedings 2015/00283267.

(3) Leave is granted to the plaintiffs to tender the report of Dr Webster pursuant to r. 31.28(3) and (4) of the uniform Civil Procedure Rules 2005 (NSW).

(4) The defendant's notice of motion is otherwise dismissed.

(5) Costs of the motion are reserved.

(6) Absent agreement, the parties are to provide written submissions as to costs by 5:00pm on Wednesday 31 January 2018, such submissions not to exceed two pages in length in each case.

(7) The proceedings are listed for further directions before me on Friday 2 February 2018 at 9:30am. Catchwords: EVIDENCE – Expert evidence – Proceedings alleging negligence by a Neurosurgeon – Where plaintiff sought to rely upon the evidence of a Neurologist – Whether Neurologist had the requisite specialised knowledge based upon training study and experience to express an opinion regarding surgery – Opinion admissible

PRACTICE AND PROCEDURE – Rules governing the admissibility of expert reports – Whether the Court should dispense with the operation of those rules in the exercise of its discretion