NSW Caselaw
New South Wales District Court
CITATION: Michael Shane Neal v Ambulance Service of NSW and The State of NSW [2007] NSWDC 123 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 4/12/06-8/12/06, 19/2/07-20/2/07
JUDGMENT DATE: 6 June 2007
JURISDICTION: Civil
JUDGMENT OF: Balla DCJ at 1
DECISION: 1.Verdict for the plaintiff as against the first defendant in the sum of $99,336.52.; 2.The first defendant to pay the plaintiff's costs as agreed or assessed.; 3.Verdict for the second defendant.; 4.The plaintiff to pay the second defendant's costs but only insofar as such costs relate solely to the case as against the second defendant.
CATCHWORDS: Loss of Chance - Brain Damage
LEGISLATION CITED: Intoxicated Persons Act 1979
Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254 State of NSW v Napier [2002] NSWCA 402 CASES CITED: Ambulance Service of NSW v Worley (2006) NSW CA 102 State Government Insurance Commission v Oakley (1990) Australian Torts Reports 81-003 Watts v Rake (1960) 108 CLR 158 Purkiss v Crittenden (1965) 114 CLR 164
Plaintiff: Michael Shane Neal PARTIES: First Defendant: Ambulance Service of New South Wales Second Defendant: The State of New South wales
FILE NUMBER(S): 3250/04
COUNSEL: Plaintiff: Mr J Gormly, SC with Ms K Nomchong First and Second Defendant: Mr Craddock with Ms Avenell
SOLICITORS: Plaintiff: David H Cohen & Co First and Second Defendants: I V Knight, Crown Solicitor
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