Bridges v Pelly [2001] NSWCA 31

New South Wales Court of Appeal

CITATION : Bridges v Pelly [2001] NSWCA 31 FILE NUMBER(S) : CA 40135/99 HEARING DATE(S) : 8 November 2000 JUDGMENT DATE : 2 March 2001

PARTIES : Jacqueline Ellen Bridges - Appellant Elizabeth Mary Pelly (as executrix of the late Anthony Darcy Pelly) - Respondent JUDGMENT OF : Sheller JA at 1; Giles JA at 2; Brownie AJA at 140

LOWER COURT JURISDICTION : District Court LOWER COURT DC 19301/87 FILE NUMBER(S) : LOWER COURT Boyd-Boland ADCJ JUDICIAL OFFICER :

COUNSEL : P Rout - Appellant A Sullivan QC - Respondent SOLICITORS : Mee Ling Solicitors - Appellant Blake Dawson Waldron - Respondent CATCHWORDS : NEGLIGENCE - cosmetic surgery - patient not made aware of material risks - whether would have had surgery if had been made aware - whether surgery performed negligently - whether negligent post-operative treatment - on facts, patient failed on all three issues - many complaints about conduct of trial and findings of trial judge - consideration of rule in Jones v Dunkel - consideration of inference available if defendant surgeon did not produce medical notes - Katsilis v Broken Hill Pty Co Ltd (1977) 18 ALR 181 - reference to coincidence rule in s 98 of the Evidence Act 1995 - none of the complaints upheld. D DECISION : (1) Appeal dismissed; (2) Reserve question of costs of appeal; (3) Direct respondent to file and serve by 4pm on 12 March 2001 written submissions in which she states (a) the order or orders she seeks as to the costs of the appeal; (b) the grounds on which she seeks the order or orders; and (c) her argument in support of those grounds. (4) List the appeal on 16 March 2001 for further directions in the light of the respondent's written submissions.