Ngo v Elysee

[2019] NSWCA 123

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Medical negligence
4. › Breach of duty of care
5. › Whether test results warranted referral to a specialist
6. › Finding of breach unsupported by the evidence
1. Torts
2. › Negligence
3. › Medical negligence
4. › Causation
5. › Whether earlier referral to specialist would have changed course of treatment
6. › No evidence that referral would have produced different outcome
7. › Civil Liability Act 2002 (NSW), s 5D
1. Appeal
2. › Powers of appellate court
3. › Rehearing
4. › Whether appellate court in position to resolve evidentiary conflict without new trial
5. › Conflicting expert evidence presenting no issue of credit or reliability
6. › Supreme Court Act 1970 (NSW), ss 75A(5), 75A(6)
1. Practice and Procedure
2. › Summary disposal
3. › Dismissal of proceedings
4. › Application for summary judgment based on agreement between experts in conclave
5. › Inappropriateness where cross-examination of one defendant could inculpate another
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 31.24, 31.26

Quick Take

Where an expert in a joint report defers to the greater expertise of other experts on an issue, the opinion expressed in the joint report should be accepted as determinative, and the deferring expert's subsequent departure from that opinion should not be preferred over it.

Case Details

Citation[2019] NSWCA 123

CourtNSWCA

JurisdictionNew South Wales

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on3

2018Elysee v NgoNSWDC 137
2009Hare v HarmerNSWCA 68
1979Warren v CoombesHCA 9
Ford v Nagle & OrsNSWCA 33

Create free account

Already have an account? Sign in