Mia-Angel Bridges-Cole by her litigation guardian Chantelle Sheree Bridges v Dr Zaffar Hussain; Chantelle Sheree Bridges v Dr Zaffar Hussain [2023] NSWSC 18

Supreme Court New South Wales

Medium Neutral Citation: Mia-Angel Bridges-Cole by her litigation guardian Chantelle Sheree Bridges v Dr Zaffar Hussain; Chantelle Sheree Bridges v Dr Zaffar Hussain [2023] NSWSC 18 Hearing dates: 18, 19, 20, 21, 22, 25, 26, 27 & 28 May 2020; 9 October 2020; 4 December 2020; 3, 4, 5, 6, 7, 10, 11, 12, 13, 14 May 2021; 5, 6 October 2021 Date of orders: 09 February 2023 Decision date: 09 February 2023 Jurisdiction: Common Law Before: Bellew J Decision: (1) In proceedings 2016/131797, I enter a verdict for the defendant Zaffar Hussain. (2) In proceedings 2017/329472, I enter a verdict for the defendant Zaffar Hussain. (3) I will hear the parties on the question of costs. Catchwords: TORTS – Negligence – Proceedings brought against a general practitioner alleging negligence – Where plaintiff consulted the defendant on two occasions – Where the plaintiff was later diagnosed with Acute Lymphoblastic Leukaemia – Where the unchallenged expert evidence supported the appropriateness of the defendant's conduct – No breach of duty of care – Verdicts in favour of the defendant EVIDENCE – Assessment of credit – Where the credit of the plaintiff's mother and tutor was in issue – Where a period of 8 years elapsed between the relevant events and the hearing of the proceedings – Where the demeanour of the plaintiff's mother in giving evidence was combative and argumentative – Repeated failures to properly respond to questions asked – Instances where the plaintiff's mother adopted the role of an advocate – Where plaintiff's mother physically approached the defendant outside Court in the course of his cross-examination and remonstrated with him in an aggressive way – Finding made that the plaintiff's mother was an unreliable witness – Effect of that finding on factual findings bearing upon the issue of liability PRACTICE AND PROCEDURE – Service of expert medical evidence outside prescribed time periods Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Longman v The Queen (1989) 168 CLR 79; [1989] HCA 60 Onassis and anor v Vergottis [1968] 2 Lloyd's Rep 403 South Western Sydney Local Health District v Gould (2018) 97 NSWLR 513; [2018] NSWCA 69 Sparks v Hobson (2018) 361 ALR 115; [2018] NSWCA 29 Category: Principal judgment Parties: Proceedings 2016/131797 Mia-Angel Bridges-Cole by her litigation guardian Chantelle Bridges – Plaintiff Dr Zaffar Hussain – Defendant