Barry Boulos v Dr Peter Martin Barry Boulos v Dr Peter Martin

[2012] HCASL 163

BARRY BOULOS

v

DR PETER MARTIN

BARRY BOULOS

v

DR PETER MARTIN

[2012] HCASL 163
S170/2012
S171/2012

1. In 2005, the respondent, Dr Peter Martin, performed a medical procedure for the applicant, Mr Barry Boulos.  The area of Mr Boulos' body on which the procedure was performed became infected and required further treatment.  In 2006, Mr Boulos sued Dr Martin in the Local Court of New South Wales for damages and obtained judgment.

2. Subsequently, Mr Boulos began a fresh action in the District Court of New South Wales claiming further damages from Dr Martin on the footing that further remedial treatment would be required which had not been contemplated in the Local Court proceedings.

3. In the District Court, Dr Martin successfully argued that Mr Boulos was precluded from suing again on the cause or causes of action he had pursued to judgment in the Local Court.  The District Court dismissed the proceedings.

4. Mr Boulos has since made repeated applications to the Court of Appeal of the Supreme Court of New South Wales challenging the orders of the District Court.  He now seeks special leave to appeal to this Court against, first, the orders of Whealy JA and Tobias AJA dismissing the applicant's motion to challenge orders their Honours had earlier made refusing leave to appeal and, second, the orders of Whealy and Barrett JJA and Tobias AJA dismissing the applicant's motion to review orders of Young JA dismissing as incompetent an appeal filed by the applicant against the orders of the District Court.

5. There is no reason to doubt the correctness of the orders of the Court of Appeal.  An appeal against either of the orders the applicant seeks to challenge would not enjoy any prospect of success.

6. Pursuant to r 41.10.5 of the High Court Rules 2004 the Registrar is directed to draw up, sign and seal an order that the applications for special leave are dismissed.

K.M. Hayne
5 December 2012 S.M. Crennan