Fuller v Australian Capital Territory

The appeal in *Fuller v Australian Capital Territory* concerned a claim of medical negligence brought by the appellant against the respondent. The dispute arose from a planned caesarean section during which a spinal needle used to administer spinal anaesthetic broke. The appellant alleged that the anaesthetist's actions constituted negligence, leading to her injuries. The appeal was heard by McCallum CJ, Baker and Taylor JJ.

The central legal issues before the court were whether the primary judge had erred in making certain factual findings, particularly in reliance on a witness's evidence, and whether the spinal needle should have been replaced before further attempts at anaesthetic administration. Furthermore, the court considered whether the primary judge had erroneously applied section 5O of the *Civil Liability Act 2002* (NSW) and whether the failed administration of the anaesthetic had caused the appellant's injuries. The appeal also involved a review of the primary judge's assessment of factual findings and the use of expert evidence.

The appellate court allowed the appeal, setting aside the previous orders. The court found that the primary judge had erred in their assessment of the evidence and application of the law. Consequently, judgment was entered for the appellant. The proceedings were remitted to the Supreme Court for an assessment of damages, with the scope of liability to include radiculopathy.