NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Archer v Blackstock [2023] NSWDC 50 Hearing dates: 21 February, 1 & 8 March 2023 Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Verdict and judgment for the plaintiff in the amount of $371,000; 2. The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3. The exhibits may be returned; 4. Pursuant to s 98 and s 99 of the Civil Procedure Act 2005 (NSW), at the time the plaintiff's solicitor renders his bill of costs to the plaintiff he is required to file a certificate with the Court file evidencing the fact that he has not charged the plaintiff any professional fees for the wasted listing of the matter on 21 February 2023; 5. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: TORTS – professional negligence – medical – cosmetic surgery – damages claim against medical practitioner concerning adverse results from breast augmentation surgery; DAMAGES – assessment of heads of damage claimed by plaintiff Legislation Cited: Civil Liability Act 2002 (NSW), s 16 Civil Procedure Act 2005 (NSW), s 98, s 99 Category: Principal judgment Parties: Rachael Archer (Plaintiff) Leslie Blackstock (Defendant) Representation: Counsel: Mr A Campbell (Plaintiff) No appearance by the defendant
Solicitors: Gerard Malouf & Partners (Plaintiff) No appearance by the defendant File Number(s): 2018/135513 Publication restriction: None
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