Choi v Dr Ong [2021] NSWSC 178

Supreme Court New South Wales

Medium Neutral Citation: Choi v Dr Ong [2021] NSWSC 178 Hearing dates: 24 February 2021 Date of orders: 4 March 2021 Decision date: 04 March 2021 Jurisdiction: Common Law Before: Harrison J Decision: (1) I note that this matter has settled subject to approval, in accordance with the terms of a consent judgment dated 2 March 2021 and signed by the legal representatives of the parties. (2) I approve the settlement pursuant to s 76(4) of the Civil Procedure Act 2005. (3) I make orders in accordance with paragraphs 1 to 7 inclusive of that consent judgment which for identification will initial, date with today's date and place with the papers. (4) I order in accordance with s 77(2) of the Civil Procedure Act 2005 that the judgment sum referred to in paragraph 1 of the consent judgment, less any authorised deductions for which the consent judgment specifically or by necessary implication provides, be paid into Court for payment out thereafter to the NSW Trustee & Guardian or as the Court may upon application make pursuant to s 77(3) of the Act otherwise direct. Catchwords: CIVIL LIABILITY – medical negligence – where infant plaintiff allegedly contracted tuberculosis meningitis in Vietnam while travelling with her parents – where defendant consulted by her parents before the trip about what vaccinations she should receive – whether defendant should have given or arranged for the plaintiff to receive the Bacille Calmette-Guérin vaccination – where infant plaintiff's parents relied on defendant's medical advice – whether defendant breached duty in failing to vaccinate plaintiff in the circumstances – whether defendant acted in manner accepted by peer professional opinion as competent professional practice – whether plaintiff continues to suffer medical and physical issues – whether proposed settlement in best interests of infant plaintiff Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Category: Procedural rulings Parties: Lillian Soo Jin Choi (by her tutor Woo Jin Choi) (Plaintiff) Dr Bar Ong (Defendant) Representation: Counsel: R de Meyrick (Plaintiff)