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[2026] NSWSC 638
Supreme Court of NSW
2026-06-04
Elkaim AJ
Original judgment source is linked above.
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Peterkin v Tadros [2026] NSWSC 638
Hearing dates: 4 June 2026
Date of orders: 4 June 2026
Decision date: 04 June 2026
Jurisdiction: Common Law
Before: Elkaim AJ
Decision: 1. The matter is expedited.
2. Evidence of the plaintiff is to be taken on commission on 1 July 2026 in the boardroom of the chambers of plaintiff's counsel.
3. The Commissioner is to be Mr S Kalfas SC.
4. I order the following additional directions:
(a) The plaintiff is to provide answers to requested particulars by 4pm on 5 June 2026.
(b) The plaintiff is to file evidentiary statements by 26 June 2026.
5. The matter is listed before the professional negligence list Judge on 3 July 2026.
6. The parties have liberty to restore in respect of any difficulties arising from the taking of the plaintiff's evidence or arising from any deterioration of his condition.
Catchwords: CIVIL PROCEDURE — application for expedited hearing and for plaintiff’s evidence to be taken on commission — no issue of principle
Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 24.3, 31.6, 51.60
Category: Procedural rulings
Parties: Ross Peterkin (Plaintiff)
Dr Abram Tadros (Defendant)
Representation: Counsel:
A Campbell (Plaintiff)
S Jackson (Defendant)
Solicitors:
GMP Law (Plaintiff)
Moray & Agnew (Defendant)
File Number(s): 2026/209298
Publication restriction: No
These proceedings were commenced with the filing of a statement of claim on 21 May 2026.
The plaintiff, who is in his early 40s, is suffering from stage 4 cancer, and has a limited life expectancy. He blames the defendant for his predicament to the extent that he says that treatment should have been administered to him earlier, which would have prevented him being in his current position.
The plaintiff, by notice of motion filed on 21 May 2026, has sought expedition on the matter as well as an order for the taking of the plaintiff's evidence on commission.
The defendant does not oppose any of the orders, but through an affidavit of Mr Jackson dated 3 June 2026, is concerned to ensure that the defendant has enough time for appropriate preparation.
Having regard to the plaintiff's dire condition, I think that expedition is warranted as well as the taking of evidence on commission.
The parties have agreed on the Commissioner and also on a date for the evidence to be taken in the boardroom of counsel's chambers.
Pursuant to rr 24.3, 31.6, and 51.60 of the Uniform Civil Procedure Rules 2005 (NSW), I make the following orders:
The matter is expedited.
Evidence of the plaintiff is to be taken on commission on 1 July 2026 in the boardroom of the chambers of plaintiff's counsel.
The Commissioner is to be Mr S Kalfas SC.
I order the following additional directions:
(a) The plaintiff is to provide answers to requested particulars by 4pm on 5 June 2026. (b) The plaintiff is to file evidentiary statements by 26 June 2026.
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Peterkin
Tadros