Elie Khoury launched proceedings against David Kirwan over two oral statements and 12 emails sent by Dr Kirwan to other doctors.

Dr Khoury said he had been defamed, and that the statements and emails implied he was, among other things, a "serial killer".

He said the imputations were false.

In his statement of claim, Dr Khoury said Dr Kirwan had told others "he's killed another one" in reference to a patient.

He said it was implied he was unfit to practise as an orthopaedic surgeon and "had killed more than one of his patients".

Dr Khoury said Dr Kirwan had sent a defamatory email to another doctor which he said claimed he was a rogue surgeon, unfit to practise because he caused the death of three patients, was "callously indifferent" to the deaths of patients, received illegal secret commissions from Albury Wodonga Private Health and lacked insight into causing the deaths.

Other emails, Dr Khoury said, claimed he acted acted in a "treacherous manner" while a surgeon at Albury Wodonga Health, had covered up his culpability in the death of a patient hours after he performed surgery on her, and was about to be criminally charged

The doctors reached a confidential agreement last week.

As part of that agreement, Dr Kirwan wrote an apology which will be read in the Supreme Court on Thursday.

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"You allege that I defamed you by making statements which imputed that you killed or harmed some of your patients deliberately or recklessly and that you are unfit to practise as an orthopaedic surgeon," Dr Kirwan's lawyer will say on his behalf.

"I withdraw any such imputation unreservedly and if you or anyone else understood my statements in that way, I retract the statements and sincerely apologise to you and your family for the professional and personal damage that such an imputation would have undoubtedly caused.

"I also acknowledge that there are no restrictions on your registration and the Medical Council of New South Wales has determined that your professional performance is satisfactory in that it is at the standard reasonably expected of a practitioner of an equivalent level of training or experience."

Dr Kirwan had admitted sending the emails, but denied they were defamatory.

Dr Khoury and his partner, Jessica Nowell, were found guilty of contempt of court after disclosing subpoenaed emails in the case.

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