Hammond v Blackstock

[2023] NSWDC 51

District Court

New South Wales

Medium Neutral Citation:

Hammond v Blackstock [2023] NSWDC 51

Hearing dates:

21 February, 1 & 8 March 2023

Date of orders:

10 March 2023

Decision date:

10 March 2023

Jurisdiction:

Civil

Before:

Judge Levy SC

Decision:

1. Verdict and judgment for the plaintiff in the amount of $1,378,241.70;

2. The defendant is to pay the plaintiff’s costs on the ordinary basis unless otherwise ordered;

3. The exhibits may be returned;

4. Pursuant to s 98 and s 99 of the Civil Procedure Act 2005 (NSW), at the time the plaintiff’s solicitor renders his bill of costs to the plaintiff he is required to file a certificate with the Court file evidencing the fact that he has not charged the plaintiff any professional fees for the wasted listing of the matter on 21 February 2023;

5. Liberty to apply on 7 days’ notice if further or other orders are required.

Catchwords:

TORTS – professional negligence – medical – cosmetic surgery – damages claim against medical practitioner concerning adverse results from breast augmentation surgery; DAMAGES – assessment of heads of damage claimed by plaintiff

Legislation Cited:

Civil Liability Act 2002 (NSW), s 13, s 15, s 16

Civil Procedure Act 2005 (NSW), s 14, s 98, s 99

Cases Cited:

Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13

Graham v Baker (1961) 106 CLR 340; [1961] HCA 48

Medlin v State Government Insurance Commission (1995) 182 CLR 1; [1995] HCA 5

Penrith City Council v Parks [2004] NSWCA 201

State of NSW v Moss (2000) 54 NSWLR 536; [2000] NSWCA 133

Category:

Principal judgment

Parties:

Kristen Hammond (Plaintiff)
Leslie Blackstock (Defendant)

Representation:

Counsel:
Mr A Campbell (Plaintiff)
No appearance by the defendant

Solicitors:
Gerard Malouf & Partners (Plaintiff)
No appearance by the defendant

File Number(s):

2018/135513

Publication restriction:

None

Judgment

Table of Contents

Nature of case	[1]
Procedural context and issues	[2]
Evidence overview	[3]
Facts	[4] – [45]
Plaintiff’s background circumstances	[5] – [9]
Consultation with Dr Blackstock	[10]
Operation by Dr Blackstock on 28 September 2016	[11] – [13]
Post-operative problems	[14] – [19]
Medical treatment	[20] – [24]
Review by Dr Min Fee Lai, consultant plastic surgeon	[25] – [32]
Review by Dr Robert Kaplan, consultant psychiatrist	[33] – [35]
Disabilities that remain	[36] – [45]
Assessment of damages	[46] – [85]
Disposition & costs	[86]
Orders	[87]

Nature of case

1. The plaintiff, Mrs Kristen Hammond, claims damages for professional negligence against Mr Leslie Blackstock, a former medical practitioner, in respect of breast augmentation surgery he performed on her whilst still a registered medical practitioner. He performed that operation on Wednesday 28 September 2016, at his consulting rooms at a house in Woodriff Street, Penrith, NSW.

Procedural context and issues

2. In the absence of any appearance by the defendant, or any other litigation activity on his part, a default judgment has been entered in favour of the plaintiff, leaving the remaining question of damages to be assessed. The proceedings were…