Health Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary

The Court of Appeal of New South Wales heard an appeal concerning a negligence claim brought by Ms. Cleary against Health Care Corporation Pty Ltd, trading as Wollongong Private Hospital. Ms. Cleary alleged that she sustained personal injuries when a hospital bed in which she was being conveyed impacted a wall. The hospital challenged findings of fact made by the primary judge, including the foreseeability of the risk of such an impact and whether the impact caused Ms. Cleary's symptoms, particularly in light of conflicting expert evidence on causation. The appeal also concerned the assessment of damages, specifically past and future economic loss, and the application of section 13 of the Civil Liability Act 2002 (NSW) regarding damages by way of a buffer.

The Court of Appeal was required to determine whether the primary judge erred in finding that the hospital owed a duty of care to Ms. Cleary and had breached that duty. It also had to consider whether the primary judge correctly found that the admitted impact caused Ms. Cleary's injuries, notwithstanding the conflicting expert evidence. Furthermore, the Court was tasked with reviewing the assessment of economic loss, including whether the primary judge correctly calculated Ms. Cleary's past and future earning capacity, and the appropriateness of applying a damages buffer under the Civil Liability Act.

The Court allowed the appeal in part. It set aside the original judgment of the District Court and substituted an order for judgment in favour of Ms. Cleary in the sum of $350,187.60. The parties were directed to provide agreed minutes of order or written submissions regarding the costs of the appeal and the costs order made in the District Court, with a determination to be made on the papers.