Hunter New England Local Health Network v Turnbull

In Hunter New England Local Health Network v Turnbull, the appellant, Hunter New England Local Health Network, sought to appeal against interlocutory orders made by an arbitrator that determined the respondent, Ms Turnbull, had suffered a chronic or recurrent pseudomonas infection due to the appellant's negligence, leading to the development of bronchiectasis. The case was heard in the New South Wales Court of Appeal. The primary issue for the court was whether the arbitrator had erred in law when concluding that the appellant was responsible for the infection and the subsequent development of bronchiectasis. Additionally, the court needed to consider whether there were grounds for allowing an appeal against the interlocutory orders.

The court found that the arbitrator's decision was not an error of law. The court examined the evidence presented and the arbitrator's reasoning, concluding that the findings were well-supported by the medical evidence and did not involve any legal missteps. The court was satisfied that the arbitrator had correctly applied the relevant legal principles and that the evidence supported the conclusion that the appellant's negligence caused the infection and subsequent bronchiectasis. Consequently, the court dismissed the appeal and confirmed the arbitrator's findings and orders as recorded in the Certificate of Determination dated 16 June 2014. The appellant was ordered to pay the respondent's costs of the appeal.