Johnson v Biggs

The appeal in *Johnson v Biggs* concerned a claim of medical negligence brought by the respondent against the appellant. The core of the dispute revolved around an alleged failure to warn the respondent of the possible consequences of a medical procedure. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the appellant had been negligent in failing to warn the respondent of the potential risks associated with the procedure. A crucial aspect of this issue was determining whether, had the respondent been properly warned, they would still have undergone the procedure.

The Court of Appeal found that the trial judge had erred in their assessment of the evidence regarding the warning provided. The Court determined that the question of whether the respondent would have proceeded with the surgery had a full warning been given was a matter that required further determination. Consequently, the Court allowed the appeal, setting aside the original judgment in favour of the respondent. The proceedings were remitted to the District Court for a new trial, limited specifically to the issue of liability. The respondent was ordered to pay the appellant's costs of the appeal, with a provision for a certificate under the Suitors Fund Act if applicable. The costs of the initial trial were to follow the outcome of the new trial, with an allowance for any potential applications relating to an offer of compromise.