Skues v The Children's Hospital at Westmead

The matter before the court involved a legal dispute between Skues and The Children's Hospital at Westmead. The case centered around whether the issue of the defendant's liability should be decided separately from the question of damages. Additionally, the court was asked to consider whether the hearing date should be vacated due to difficulties in obtaining a suitable expert with sufficient knowledge of a rare condition. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court required it to determine the appropriate course of action regarding the scheduling of a hearing in light of the difficulties in securing an expert witness. Specifically, the court needed to decide if the hearing date should be vacated and rescheduled, or if the hearing should proceed without the expert evidence. The court was also tasked with determining whether the issue of liability should be decided separately from the question of damages, and if so, what implications this might have for the proceedings.

In reaching its decision, the court considered the practical difficulties in obtaining an expert witness with the necessary knowledge of the rare condition in question. It was noted that the delay in obtaining such an expert could potentially prejudice the defendant's case. The court also considered the potential impact on the proceedings if the issue of liability were to be decided separately from the question of damages. Ultimately, the court decided that the hearing date should be vacated and rescheduled to allow for the appointment of a suitable expert. The court further determined that the issue of liability should not be decided separately from the question of damages, as this would not be in the interests of justice.

The court ordered that the hearing date be vacated and rescheduled to a date to be determined. Additionally, the court ordered that the defendant's costs associated with the difficulties in obtaining an expert witness be paid by the plaintiff.