Godsell v Ang (No 2)

The case involved a plaintiff, Godsell, suing the defendant, Ang, for professional negligence. The dispute centred around the defendant's administration of the drug lamotrigine, which resulted in the plaintiff suffering a severe, albeit rare, side effect. The matter was heard in the Supreme Court of New South Wales. The plaintiff alleged that the defendant failed to adequately warn about the potential risks associated with the drug, thereby breaching a duty of care.

The primary legal issues the court had to address were whether the defendant owed a duty of care to the plaintiff, whether that duty was breached, and if the breach caused the plaintiff's injuries. The court also needed to consider the admissibility of a joint expert report, the corroboration of facts, and causation issues. Additionally, the court had to decide whether to approve a proposed compromise and release deed that the parties had entered into after mediation proved unsuccessful.

The court held that the defendant did owe a duty of care to the plaintiff and that this duty was indeed breached. The court found that the risk of the severe side effect was known and the defendant failed to adequately warn the plaintiff. Regarding causation, the court determined that the drug was a significant contributing factor to the plaintiff's injuries. The joint expert report was accepted as sufficient corroboration of the plaintiff's case. Ultimately, the court approved the proposed compromise and release deed, recognising the parties' agreement as fair and reasonable. The court's decision was that the defendant's liability was acknowledged, and the terms of the compromise were endorsed.