Williams v Fraser [2019] NSWSC 876

Supreme Court New South Wales

Medium Neutral Citation: Williams v Fraser [2019] NSWSC 876 Hearing dates: 3 July 2019 Date of orders: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave is granted to the plaintiff to serve both the reports of Associate Professor Sekel dated 9 April 2019 and the report of Dr Schneider dated 19 May 2019 by 5.00 pm on 15 July 2019.

The Court directs that:

(2) The causation conclave is to answer the question set out in paragraph [39] of this judgment.

The Court further orders that:

(3) Leave is granted to the plaintiff to further amend her statement of claim by inserting paragraphs [480]-[483]. The further amended statement of claim is to be filed and served by 5.00 pm on 15 July 2019.

(4) Leave to make the amendments set out in the balance of the proposed further amended statement of claim is refused.

(5) Costs are reserved.

(6) Liberty to apply on 48 hours' notice. Catchwords: PRACTICE AND PROCEDURE – Application for leave – Whether the plaintiff should be permitted to rely on an expert report – Whether a joint expert causation conclave should be reconvened – Whether the plaintiff can file and serve a further amended statement of claim

TORT – Liability – Negligence – Medical negligence – Failure to diagnose – Failure to diagnose a pars defect which developed to compress the spinal cord Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 64 Court Procedure Rules 2006 (ACT), r 21 Uniform Civil Procedure Rules 2005 (NSW), rr 31.24, 31.26, 31.28 Cases Cited: Aon Risk Services Australia Limited v Australia National University (2009) 239 CLR 175 Dare v Pulham [1992] HCA 70 In the matter of Imperium Projects [2017] NSWSC 141 Queensland v J L Holdings Pty Ltd (1997) 186 CLR 146 Category: Procedural and other rulings Parties: Hailee Williams (Plaintiff) John Fraser (First Defendant) Michael Stening (Second Defendant) Craig Seabury (Third Defendant) Representation: Counsel: JM Morris SC with P D'Arcy-King (Plaintiff) J Downing (First & Second Defendants) P Morris SC (Third Defendant)