AA v Kesby [2019] NSWSC 1711

Supreme Court New South Wales

Medium Neutral Citation: AA v Kesby [2019] NSWSC 1711 Hearing dates: 20 November 2019 Date of orders: 03 December 2019 Decision date: 03 December 2019 Jurisdiction: Common Law Before: Wright J Decision: In relation to the plaintiffs' application brought by the amended notice of motion filed on 20 November 2019: (1) The plaintiffs have leave to file their proposed further amended statement of claim. (2) The plaintiffs are to pay the defendant's costs, if any, thrown away because of the amendment, as agreed or assessed. (3) The defendant is limited to relying on the evidence of two of the experts retained by the defendant, for the purposes of both the joint experts' conference and the witnesses to be called, in relation to the breach of duty issue (which includes the s 5O of the Civil Liability Act issue). (4) On or before a date agreed between the parties, a joint experts' conference concerning the breach of duty issue (which includes the s 5O of the Civil Liability Act issue), is to be conducted in two parts: (a) part 1 involving the defendant's two obstetricians and gynaecologists with a subspecialty in maternal foetal medicine and Drs Farine and Keenan, which addresses questions related only to radiology; and (b) part 2 not involving Dr Keenan, which addresses all of the other questions concerning breach of duty set out in the attachment to the amended notice of motion, but if a two part conference is not possible or practicable, the joint experts' conference concerning breach of duty is to be limited to the defendant's two obstetricians and gynaecologists with a subspecialty in maternal foetal medicine and Dr Farine, dealing with all of the questions concerning breach of duty which either party wishes to have considered by the experts. (5) A joint report is or joint reports are to be delivered to the Court and the parties on a date to be agreed between the parties. (6) The costs of the application are to be each party's costs in the cause. (7) The parties have liberty to apply on 2 days' notice if the parties cannot reach agreement or there are other difficulties in relation to the orders and directions in (4) and (5) above.