SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Read v The Australian Capital Territory |
Citation: | [2023] ACTSC 37 |
Hearing Dates: | 15 and 17 February 2023 |
DecisionDate: | 7 March 2023 |
Before: | Mossop J |
Decision: | See [89] |
Catchwords: | APPEAL – NEGLIGENCE – Medical negligence – appeal from Magistrates Court – magistrate found breach of duty arising from delay of the respondent to recognise internal bleeding and rectify with further surgery – whether magistrate erred in assessment of damages – whether magistrate erred in failing to award compensation under s 100 of the Civil Law (Wrongs) Act 2002 (ACT) or under the common law for domestic assistance compensation – whether magistrate erred in failing to find the appellant suffered economic loss – appeal dismissed APPEAL – CROSS-APPEAL – Whether magistrate erred in findings on causation – finding of breach of duty not challenged – whether award of general damages manifestly excessive – no reasons provided by magistrate for award of general damages – cross-appeal allowed |
Legislation Cited: | Civil Law (Wrongs) Act 2002 (ACT), ss 45(1), 100 |
Cases Cited: | Griffiths v Kerkemeyer (1977) 139 CLR 161 John XXIII College v SMA [2022] ACTCA 32 |
Parties: | Kristin Read ( Appellant) The Australian Capital Territory ( Respondent) |
Representation: | Counsel D Richards ( Appellant) D Higgs SC ( Respondent) |
| Solicitors Maliganis Edwards Johnson ( Appellant) ACT Government Solicitor ( Respondent) | |
File Number: | SCA 12 of 2022 |
Decision under appeal: | Court/Tribunal: ACT Magistrates Court Before: Magistrate Cook Date of Decision: 14 April 2022 Case Title: Kristin Read v The Australian Capital Territory Citation: [2022] ACTMC 8 Court File Number: CS 196 of 2020 |
MOSSOP J:
Introduction
This is an appeal from a decision of a magistrate awarding damages for negligence against the Australian Capital Territory. The appellant, who was the plaintiff below, sued the Australian Capital Territory, which runs the Canberra Hospital, for negligence in the treatment which was provided to her related to the birth of her second child.
The appellant’s pregnancy was complicated by the fact that she had vasa praevia and a low‑lying placenta. Because of this condition, an ante partum haemorrhage and the risks posed to her and her baby’s health, she spent 25 days in the Canberra Hospital prior to the birth of her child at just over 34 weeks gestation. Her child was born by emergency caesarean section following some further significant bleeding. During the course of that caesarean operation the appellant lost approximately 3500 mL of blood.
Following that operation, which was completed just before midnight on 26 October 2017, she was transferred at 2am the next day to the birth suite of the hospital. However, she suffered from internal bleeding from her uterine artery. After the possibility of such internal bleeding was recognised, she underwent a laparotomy (the second surgery) in order to investigate and address the source of that bleeding. That commenced at 9:29am…
Keep reading for free
Create a free CaseChat account to read Read v The Australian Capital Territory and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] ACTSC 37
- Decision Date
CaseChat Overview and Summary
The appeal and cross-appeal raised several issues, including whether the magistrate erred in finding a causal relationship between the breach of duty and the majority of the harm, particularly the psychological injury. The court found that the magistrate's findings of fact did not adequately address the relevant comparison between the appellant's position as it occurred and the position she would have been in had there been no breach of duty. The evidence did not establish that the period of delay was a necessary condition for the harm suffered. The court also found that the magistrate erred in the assessment of general damages at $50,000 and did not provide adequate reasons for his decision.
The court concluded that the appellant's appeal must be dismissed, and the respondent's cross-appeal must be allowed. The award of general damages of $50,000 would be substituted with an award of $13,000. No award should be made for out-of-pocket expenses. The court ordered that the respondent pay the appellant's costs and that the appellant pay the respondent's costs of the appeal and cross-appeal.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.