Graham Cleary v Health Care Corporation Pty Ltd t/as Wollongong Private Hospital [2023] NSWDC 263

District Court New South Wales

Medium Neutral Citation: Graham Cleary v Health Care Corporation Pty Ltd t/as Wollongong Private Hospital [2023] NSWDC 263 Hearing dates: 18 May 2023 Decision date: 21 July 2023 Jurisdiction: Civil Before: Acting Judge Ainslie-Wallace Decision: 1. Verdict for the plaintiff. 2. Parties directed to file short minute of order reflecting the assessment of damages. 3. Defendant to pay the plaintiff's costs of and incidental to the proceedings. Legislation Cited: Civil Liability Act 2002, ss 5B, 5B(1), 5D(1) Workers Compensation Act 1987, ss 36, 66 Cases Cited: Malec v JC Hutton [1990] HCA 20 Strong v Woolworths Ltd [2012] HCA 5 Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited [2022] HCA 11 Category: Principal judgment Parties: Graham Cleary (Plaintiff) Health Care Corporation Pty Ltd t/as Wollongong Private Hospital (Defendant) Representation: Counsel: A Campbell (Plaintiff) S Kettle (Defendant)

Solicitors: Gerard Malouf & Partners (Plaintiff) Minter Ellison (Defendant) File Number(s): 2021/198827 Publication restriction: None

Judgment 1. HER HONOUR: Graham Cleary was born on 18 July 1970. Exactly 50 years later, on his birthday, he says that as a result of the negligence of the Wollongong Private Hospital, the defendant, he was injured and as a result he is in constant pain and his capacity to work and live his life has been severely diminished.