CITATION: Hollier v Sutcliffe [2010] NSWSC 279 HEARING DATE(S): 16 - 24 November 2009
JUDGMENT DATE :
23 April 2010JUDGMENT OF: R A Hulme J DECISION: Verdict for the defendant. Plaintiff to pay the defendant's costs. CATCHWORDS: TORTS - medical negligence - essentials of action for negligence - duty of care - special relationships and duties - professsional persons - standard of care expected of General Practitioner pursuant to Section 5O of Civil Liability Act - TORTS - proof of negligence - weight and credibility of evidence - TORTS - reasonable foreseeability of damage - particular cases - affecting particular professions or occupations - application of Section 32 of the Civil Liability Act - TORTS - damage - causation - generally - application of Section 5D of the Civil Liability Act - PROCEDURE - nature and extent of principles expounded in Jones v Dunkel LEGISLATION CITED: Civil Liability Act 2002 CATEGORY: Principal judgment CASES CITED: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; 239 CLR 420
Bourhill v Young [1943] AC 92
Crump v Equine Nutrition Systems Pty Ltd t/as Horsepower, [2006] NSWSC 512
Crystal Wall Pty Ltd v Pham [2005] NSWCA 449
CSR Limited and Another v Thompson [2003] NSWCA 329; 59 NSWLR 77
Fabre v Arenales (1992) 27 NSWLR 437
Graham v Baker (1961) 106 CLR 340
Jones v Dunkel [1959] HCA; (1959) 101 CLR 298
Manly Council v Byrne [2004] NSWCA 123
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Miller v Galderisi [2009] NSWCA 353
Mount Isa Mines Ltd v Pusey (1970) 125 CLR 383
O'Donnell v Reichard [1975] VR 916
Payne v Parker [1976] 1 NSWLR 191
Penrith City Council v Parks [2004] NSWCA 201
Purkess v Crittenden (1965) 114 CLR 164
State of New South Wales v Moss [2000] NSWCA 133
Sretenovic v Reed [2009] NSWCA 280
Tame v New South Wales; Annetts v Australian Stations Pty Ltd [2002] HCA 35; 211 CLR 317
Thatcher v Charles (1961) 104 CLR 57
Tomisevic v Menzies Wagga Southern Pty Ltd [2005] NSWCA 178
Watts v Rake [1960] HCA 58; (1960) 108 CLR 158
Wollongong Fabrications Pty Ltd v Ramsbottom [2006] NSWCA 279; 68 NSWLR 387
Woolworths Ltd v Lawlor [2004] NSWCA 209PARTIES: Samantha Hollier (Plaintiff)
Dr Rachel Sutcliffe (Defendant)FILE NUMBER(S): SC 20002/08 COUNSEL: Mr C Barry QC with Mr P Beale (Plaintiff)
Mr G Gregg (Defendant)SOLICITORS: CMC Lawyers
Sparke Helmore
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONR A Hulme J
20002/08 Samantha HOLLIER v Dr Rachel SUTCLIFFE23 April 2010
JUDGMENT
1 HIS HONOUR: The plaintiff claims damages for negligence against a doctor who inserted an Implanon contraceptive implant into her left upper arm on 16 October 2006. Generally it is asserted that the doctor incorrectly inserted the implant and then failed to take appropriate action as a consequence of this error. In very broad terms it is claimed that as a consequence the plaintiff has suffered significant and…
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- AGLC
- Hollier v Sutcliffe [2010] NSWSC 279
- Case
- [2010] NSWSC 279
- Decision Date
CaseChat Overview and Summary
The court had to determine whether Sutcliffe owed a duty of care to Hollier, the standard of care expected of a general practitioner under Section 5O of the Civil Liability Act, and whether the plaintiff had established that Sutcliffe's negligence caused the harm. Additionally, the court needed to assess the weight and credibility of the evidence presented, particularly concerning the foreseeability of the damage and the causation of the harm under Sections 32 and 5D of the Civil Liability Act respectively.
The court found that Sutcliffe owed a duty of care to Hollier, and the standard of care expected was that of a reasonable general practitioner. The court considered the evidence presented by both parties and concluded that Sutcliffe did not meet the required standard of care. The court found that Sutcliffe failed to appropriately diagnose and treat Hollier's condition, which was a foreseeable cause of the harm suffered. Therefore, the court held that Sutcliffe was negligent and that his negligence caused Hollier's harm.
The court ordered Sutcliffe to pay damages to Hollier for the harm suffered, including compensation for pain and suffering, loss of income, and medical expenses. The court also noted that the principles established in Jones v Dunkel would apply to the quantification of damages in this case.
Orders
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Background to the litigation
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Evidence
Evidence Before The Court
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