NSW Caselaw
New South Wales Court of Appeal
CITATION : TAN v BENKOVIC [2000] NSWCA 295 FILE NUMBER(S) : CA 40109/99 HEARING DATE(S) : 25 August 2000 JUDGMENT DATE : 26 October 2000
PARTIES : Dr Eng-Peng TAN v Seka BENKOVIC JUDGMENT OF : Mason P at 1; Stein JA at 51; Heydon JA at 52
LOWER COURT JURISDICTION : District Court LOWER COURT DC 2644/97 FILE NUMBER(S) : LOWER COURT Mahoney DCJ JUDICIAL OFFICER :
COUNSEL : Appellant: P R Garling SC Respondent: D H K Donovan QC SOLICITORS : Appellant: Phillips Fox Respondent: Gerard Malouf & Partners CATCHWORDS : Negligence - specialist plastic surgery - unfulfilled promises and blandishments of surgeon induce patient to have facelift - patient left angry and depressed by surgery results - surgeon found negligent in not informing patient of full range of risks - Rogers v Whitaker not offering a basis for recovering damages for disappointments - surgeon not acting improperly to encourage patient to proceed with facelift - not proper to treat patient as lacking autonomy - aggravated damages - discussion of expression "contumelious disregard for the doctor-patient relationship obligations" - aggravated damages set aside - exemplary damages - gross negligence attending a medical procedure - surgeon not showing a conscious and contumelious disregard for the plaintiff's rights - exemplary damages set aside - invocation of Robinson v Riley to consider whether sufficient compensatory damages awarded before setting aside aggravated and exemplary damages - (D). DECISION : Appeal allowed with costs.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40109/99 DC 2644/97 MASON P STEIN JA HEYDON JA
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