Younes v Parvin
[2018] NSWSC 159
•21 February 2018
Supreme Court
New South Wales
Medium Neutral Citation: Younes v Parvin [2018] NSWSC 159 Hearing dates: 21 February 2018 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that both parties comply with appendix B to Practice Note SC CL 5 on or before 4pm, 14 March 2018.
(2) Direct that the expert evidence of Doctors Obeid, Kaplan and Dalton be given concurrently.
(3) Order that these experts are to confer and provide a joint report in accordance with Rule 31.26 of the Uniform Civil Procedure Rules 2005 on or before 2 April 2018.
(4) Order that the joint expert report be filed in Court by 2 April 2018.
(5) Order that on or before 4pm, 4 April 2018 the parties are to file and serve a final joint memorandum of issues in dispute and agreed facts signed by counsel.
(6) Grant the parties liberty to apply on 24 hours' notice.
(7) Stand proceedings over for final hearing to 9 April 2018.Catchwords: CIVIL PROCEDURE – professional negligence – assessment of damages – directions for expert conclave – Uniform Civil Procedure Rules Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: George Younes bht Mirna Dib (P)
Tamanna Parvin (D)Representation: Solicitors:
T Cummins (P)
P Moncfieff (D)
File Number(s): 2017/141974 Publication restriction: Not applicable
EX TEMPORE Judgment
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These proceedings were last before the Court on 11 December 2017. At that time expedition was being sought for the proceedings. Limited expedition was granted and the proceedings were fixed to commence on 9 April 2018, with an estimated hearing of seven days.
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On 11 December 2017, orders were made to ensure that, by now, the parties had served on each other all lay and expert evidence upon which they intended to rely at the hearing, and the plaintiff had provided an Amended Statement of Particulars of his claim. As well, the parties were directed to attend a mediation.
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I am informed today that there has been complete compliance with the orders made by the Court in December, although in one respect one expert report was served later than the time fixed. No objection is taken to this report, on account of late service.
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I am also informed today that both parties accept that the statements and expert reports which have been obtained and served will be admissible without objection at the hearing.
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Although there has been no formal admission of liability by the defendant, the defendant's solicitor has informed me that she anticipates that by Friday 2 March 2018, she will have final instructions as to whether the defendant will admit liability but leave remaining in dispute the extent of, and quantum of the damages to which the plaintiff is entitled.
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I am satisfied in light of what I have been told by the solicitor for the defendant that it is presently safe to concentrate any future directions on matters relating to damages.
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On the issue of damages, the differences between the parties are in relatively short compass. I am told that there are two principal issues on damages, namely the life expectancy of the plaintiff in the future and, although it is accepted that the plaintiff needs personal care for 24 hours a day seven days a week, there is a significant issue between the parties as to the level of expertise of the people providing the care and the way in which that care should be provided - including whether it should be provided at the plaintiff’s home or in a facility where the plaintiff would be placed with other people requiring nursing care.
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On those two issues the parties have retained between them three doctors. Although I am sure these doctors are very busy practitioners, it is the Court's experience overwhelmingly that by making orders with respect to them holding a joint conclave, preparing a joint report and then giving their evidence concurrently, considerable time and expense will be saved.
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It seems to me that a proper estimate of this case is now that it is likely to occupy only three or four hearing days, and that it will be ready to commence on 9 April 2018.
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The parties are to be commended for all of the steps that they have taken so far to minimise the areas of dispute between them, and to enable this case to be heard and determined promptly.
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It is appropriate, however, that I make further orders to ensure the preparation of the matter and its readiness for hearing on 9 April 2018. The parties will have liberty to apply at any time if further directions are needed.
Orders
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I make the following orders:
Order that both parties comply with appendix B to Practice Note SC CL 5 on or before 4pm, 14 March 2018.
Direct that the expert evidence of Doctors Obeid, Kaplan and Dalton be given concurrently.
Order that these experts are to confer and provide a joint report in accordance with Rule 31.26 of the Uniform Civil Procedure Rules 2005 on or before 2 April 2018.
Order that the joint expert report be filed in Court by 2 April 2018.
Order that on or before 4pm, 4 April 2018 the parties are to file and serve a final joint memorandum of issues in dispute and agreed facts signed by counsel.
Grant the parties liberty to apply on 24 hours' notice.
Stand proceedings over for final hearing to 9 April 2018.
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Decision last updated: 21 February 2018
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