McGroder v Maguire [2002] NSWCA 261

New South Wales Court of Appeal

CITATION : McGroder v Maguire [2002] NSWCA 261 FILE NUMBER(S) : CA 40412/01 HEARING DATE(S) : 20 March 2002 JUDGMENT DATE : 13 August 2002

Gregory McGroder (Appellant) PARTIES : Christopher Maguire (First Respondent) Jonathon Ayscough (Second Respondent) JUDGMENT OF : Handley JA at 1; Sheller JA at 2; Beazley JA at 3

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT 45/95 FILE NUMBER(S) : LOWER COURT Dunford J JUDICIAL OFFICER :

D F Rofe QC/J Mater (Appellant) COUNSEL : B H Donovan QC/E C Kennedy (First Respondent) P Dwyer (Second Respondent) D I Brown (Appellant) SOLICITORS : Kells the Lawyers (First Respondent) Gadens Solicitors (Second Respondent) CATCHWORDS : Negligence - Breach of Duty - Causation - Medical Negligence - Chiropractic Treatment - Neck and Back Injury Naxakis v Western General Hospital (1999) 197 CLR 269 CASES CITED: Mahony v J Kruschich (Demolitions) Pty Limited (1985) 156 CLR 522 March v E & MH Stramare Pty Limited (1991) 171 CLR 506 DECISION : Appeal dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40412/01 SC 45/95

HANDLEY JA SHELLER JA BEAZLEYJA

Tuesday, 13 August 2002 MCGRODER v MAGUIRE & ANOR

FACTS

The first respondent (Mr Maguire) suffered a neck injury on 23 April 1990 in the course of his employment. Despite consulting an orthopaedic surgeon and a neurosurgeon between April 1990 and June 1992 he continued to suffer from tingling and paraesthesia in his left arm. In June 1992 he saw the appellant (Dr McGroder) in relation to his injury. The appellant was a consultant general practitioner with the first respondent's employer.