Diamond v Simpson (No 3)

In *Diamond v Simpson (No 3)*, the Court of Appeal of New South Wales considered an appeal and cross-appeal arising from a claim concerning a child born with a severe disability. The plaintiff had sued the hospital and a doctor for negligence, alleging their actions contributed to the child's condition. The hospital, as a cross-claimant, sought an indemnity or contribution from a third party, the cross-defendant, in respect of any liability it might incur to the plaintiff.

The central legal issues before the Court of Appeal were whether the hospital and the doctor were negligent in their treatment of the plaintiff, and if so, to what extent the cross-defendant bore responsibility for the damages awarded. Specifically, the court had to determine if the scientific evidence presented established a causal link between the defendants' conduct and the child's birth defect, and how liability should be apportioned between the hospital and the cross-defendant.

The Court of Appeal allowed the appeal, finding that the cross-defendant was liable to contribute to the hospital's liability. The court declared that the cross-defendant must pay one-half of the amount the hospital was ordered to pay to the plaintiff. Liberty was granted to apply to a Master to determine this amount if it could not be agreed upon. The cross-appeal was dismissed with costs.