NSW Caselaw
Reported Decision : 9 DCLR (NSW) 164
New South Wales District Court
CITATION: Lee v Fairbrother [2009] NSWDC 192
HEARING DATE(S): 6, 7, 8, 9 and 10 July 2009
JUDGMENT DATE: 10 July 2009
EX TEMPORE JUDGMENT DATE : 10 July 2009
JURISDICTION: Civil jurisdiction
JUDGMENT OF: Johnstone DCJ
DECISION: 1. Judgment for the plaintiff in the sum of $153,500. 2. Order the defendant to pay the plaintiff's costs, to be assessed on the ordinary basis until 1 April 2008 and thereafter on an indemnity basis.
CATCHWORDS: NEGLIGENCE - A general practitioner entered into a sexual relationship with his patient as a result of which she suffered a psychiatric condition - breach of duty of care - whether the relationship amounted to assault - causation: whether the plaintiff's condition arose out of the defendant's conduct as a medical practitioner - DAMAGES - Civil Liability Act 2002 not applicable - damages to be assesed under the general law - assessment of compensatory damages - aggravated damages awarded - exemplary damages not appropriate where the medical practitioner had been de-registered by the Medical Tribunal
LEGISLATION CITED: Civil Liability Act 2002: s 3B(1)
Qantas Airways v Lisica [2007] NSWCA 371 CASES CITED: Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 at [7] Lamb v Cotogno [1987] HCA 47
PARTIES: Christine Lee (Plaintiff) Mark Fairbrother (Defendant)
FILE NUMBER(S): 3113/07
COUNSEL: Mr A Campbell (Plaintiff) The Defendant appeared in person
SOLICITORS: Gerard Malouf & Partners The Defendant was self-represented
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