NSW Caselaw
New South Wales Court of Appeal CITATION : HATCH v. CENTRAL SYDNEY AREA HEALTH SERVICE [1999] NSWCA 168 FILE NUMBER(S) : CA 40818/97 HEARING DATE(S) : 12 March 1999 JUDGMENT DATE : 4 June 1999
PARTIES : GEOFFREY MALCOLM HATCH (Appellant) CENTRAL SYDNEY AREA HEALTH SERVI CE (Respondent) JUDGMENT OF : Priestley JA at 1; Meagher JA at 38; Powell JA at 39
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 2448/94 LOWER COURT JUDICIAL OFFICER : Balla A-DCJ
COUNSEL : L.T. Grey (Appellant) G. Curtin (Respondent) SOLICITORS : Everingham Solomons (Tamworth) by their Agents Marshall Marks Kennedy (Appellant) Lynn Boyd (Respondent) CATCHWORDS : Negligence - Inebriates Act 1912 - inmate in mental hospital - assault by another inmate resulting in broken hip - damages - duty of hospital administered by respondent to take positive steps to ensure safety of appellant - duty to take reasonable care - respondent knew or ought to have known of risk - admissibility of evidence sufficient to uphold a ground of appeal DECISION : Appeal Dismissed
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40818/97 DCC 2448/94
PRIESTLEY JA MEAGHER JA POWELL JA
4 June 1999
HATCH v. CENTRAL SYDNEY AREA HEALTH SERVICE
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