Mouratidis v Brown [2002] FCAFC 330

FEDERAL COURT OF AUSTRALIA

Mouratidis v Brown [2002] FCAFC 330 NEGLIGENCE – Alleged negligence by medical practitioner in connection with investigation of possible breast cancer – Whether practitioner carried out a careful and adequate physical examination of the plaintiff's breasts, including by palpation – Significance of findings of the trial judge on this issue – Whether palpation would probably have caused the practitioner to carry out further investigations by fine needle aspiration or biopsy – Whether such a procedure would probably have led to discovery of her cancer – No basis for disturbing findings of trial judge on these issues.

COSTS – Whether trial judge erred in making a "Bullock" order in relation to costs incurred in connection with discontinued action against other defendants. BILL MOURATIDIS and THE AUSTRALIAN CAPITAL TERRITORY v DAVID ROSS BROWN AS APPOINTED REPRESENTATIVE OF THE ESTATE OF THE LATE AMANDA BROWN A 64 of 2001 WILCOX, HIGGINS and GYLES JJ 7 NOVEMBER 2002 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 64 of 2001

DISTRICT REGISTRY

ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE

AUSTRALIAN CAPITAL TERRITORY

BETWEEN: BILL MOURATIDIS

FIRST APPELLANT

THE AUSTRALIAN CAPITAL TERRITORY

SECOND APPELLANT

AND: DAVID ROSS BROWN AS APPOINTED REPRESENTATIVE OF THE ESTATE OF THE LATE AMANDA BROWN

RESPONDENT

JUDGE: WILCOX, HIGGINS and GYLES JJ

DATE OF ORDER: 7 NOVEMBER 2002

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the costs incurred by the respondent in connection with the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA