NSW Caselaw
New South Wales Court of Appeal CITATION : EAGLE & ANOR. v. PROSSER [1999] NSWCA 166 FILE NUMBER(S) : CA 40677/98 HEARING DATE(S) : 7 April, 12 May 1999 JUDGMENT DATE : 4 June 1999
Sandra Eagle (1 Appellant) PARTIES : North Coast Area Health Service (2 Appellant) Sarah Kimball Prosser (Respondent) JUDGMENT OF : Spigelman CJ at 1; Priestley JA at 2; Powell JA at 54
LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : CLD 20460/94 LOWER COURT JUDICIAL OFFICER : Bruce J
COUNSEL : P.L.G. Brereton SC (Appellants) P.M. Donohoe QC/N. Perram (7 April 1999)/R. Butler (12 May 1999) (Respondent) SOLICITORS : Blake Dawson Waldron (Appellants) Colquhoun Murphy (Braddon ACT) (Respondent) CATCHWORDS : APPEAL AND NEW TRIAL - Interference with primary judge's findings of fact - Functions of appellate court - General principles - Manner of re-evaluation of trial evidence; DAMAGES - Negligence - Causation - Proof of - As the or a cause of loss; NEGLIGENCE - Essentials of cause of action - Damage - Causation - Medical negligence - Alleged defective advice by medical practitioner - Alleged defective diagnosis - Whether established - Whether caused loss DECISION : Appeal allowed in part - Limited new trial ordered
21 IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40677/98 CLD 20460/94
SPIGELMAN CJ PRIESTLEY JA POWELL JA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate