Southern Health Service & Ors. v. Smith [2001] NSWCA 369

New South Wales Court of Appeal

CITATION : Southern Health Service & Ors. v. Smith [2001] NSWCA 369 FILE NUMBER(S) : CA 40365/00 HEARING DATE(S) : 6 June 2001 JUDGMENT DATE : 18 October 2000

Southern Health Service - first appellant Dr. Barbara Graham - second appellant PARTIES : Dr. G.J. Cocker - third appellant Dr. M. Hassan - fourth appellant Geoffrey Wayne Smith - respondent JUDGMENT OF : Powell JA at 1-15; Hodgson JA at 16-53; Greg James J at 54-67

LOWER COURT JURISDICTION : District Court LOWER COURT DC 5362/98 FILE NUMBER(S) : LOWER COURT Williams DCJ JUDICIAL OFFICER :

COUNSEL : Mr. S. Walmsley SC for appellants Mr. M. Cranitch SC with Mr. G. Wilson for respondent SOLICITORS : Colin Biggers & Paisley, Sydney for appellants Nevill & Edwards, Sydney for respondent CATCHWORDS : TORT - Negligence - Damages - Appeal - Failure to allow for vicissitudes - Whether balanced by other errors - Whether new trial should be ordered. ND. DECISION : See par.53 of judgment

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40365/00 DC 5362/98 POWELL JA HODGSON JA GREG JAMES J

Thursday 18th October 2001. SOUTHERN HEALTH SERVICE & ORS. V. SMITH Judgment 1 POWELL JA: As the essential facts which have given rise to this appeal are set out in the Judgment which has been prepared by Hodgson JA, which Judgment I have read in draft, it is not necessary for me to repeat them here. 2 I regret to say that I regard William DCJ's Judgments, insofar as they deal with the matters which have been debated on the hearing of the appeal, as unsatisfactory.