Hammond v Blackstock [2023] NSWDC 51

District Court New South Wales

Medium Neutral Citation: Hammond v Blackstock [2023] NSWDC 51 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 $1,378,241.70; 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 13, s 15, s 16 Civil Procedure Act 2005 (NSW), s 14, s 98, s 99 Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Graham v Baker (1961) 106 CLR 340; [1961] HCA 48 Medlin v State Government Insurance Commission (1995) 182 CLR 1; [1995] HCA 5 Penrith City Council v Parks [2004] NSWCA 201 State of NSW v Moss (2000) 54 NSWLR 536; [2000] NSWCA 133 Category: Principal judgment Parties: Kristen Hammond (Plaintiff) Leslie Blackstock (Defendant) Representation: Counsel: Mr A Campbell (Plaintiff) No appearance by the defendant