ACT v Gillan; Gillan v ACT

The Australian Capital Territory (ACT) appealed against a judgment in the Magistrates Court, where it had been found liable for medical negligence against Mr Gillan. The ACT was found to have failed to explain treatment options to Mr Gillan, resulting in economic loss. Mr Gillan cross-appealed, arguing that the assessment of damages was incorrect. The court had to decide whether the ACT was liable for negligence, the extent of Mr Gillan’s economic loss, and the accuracy of the damages assessed by the Magistrate.

The court considered whether the ACT was negligent in its failure to explain treatment options to Mr Gillan. It found that the ACT was indeed negligent, as it failed to meet the standard of care expected of a medical practitioner. The court also reviewed the assessment of damages, determining that the Magistrate had erred in the assessment of Mr Gillan’s economic loss. The Magistrate had overlooked certain expenses and had miscalculated other damages.

The court held that the ACT’s appeal was dismissed, and Mr Gillan’s cross-appeal was upheld to the extent of correcting the damages. The court detailed the new awards to be made to Mr Gillan, which included additional economic loss and consequential adjustments to other awards. The parties were directed to prepare draft orders to reflect these changes by a specified date. Costs of the appeal and cross-appeal were awarded to Mr Gillan, unless either party requested a hearing on costs.