Burton v Allen [2010] NSWDC 265

New South Wales District Court

CITATION: Burton v Allen [2010] NSWDC 265 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 10 May 2010 to 14 May 2010

JUDGMENT DATE: 24 November 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1 Verdict for the defendant. DECISION: 2 The plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis as assessed or agreed. This order is suspended for a period of seven days to allow the parties, should they wish to do so, to re-list the matter for further argument on the issue of costs. 3 The exhibits will be retained for 28 days.

CATCHWORDS: MEDICAL NEGLIGENCE - Incomplete carpal tunnel release - Anomaly in position of median nerve - Whether apparent to defendant in course of standard carpal tunnel release - Whether appropriate means of check that nerve fully decompressed adopted - Standard of post operative care provided - If inadequate whether causative of plaintiff's ongoing pain and disability - Assessment of damages

Civil Liability Act 2002 LEGISLATION CITED: Workers Compensation Act 1987 Workplace Injury Management Act 1998

Downes v Amaca Ltd [2010] NSWCA 76 CASES CITED: National Insurance Company of New Zealand Limited v Espagne (1961) 105 CLR 569 Redding v Lee (1983) 151 CLR 177

TEXTS CITED: Crown Employees (Police Officers Death & Disability) Award (2005)

PARTIES: Joshua Anthony Burton (Plaintiff) Philip Allen (Defendant)

FILE NUMBER(S): 2008/00321687

COUNSEL: Mr K W Andrews (Plaintiff) Mr J J Priestley (Defendant)