St Vincent's Hospital Sydney Limited v Ann-Maree Sweeney [2002] NSWCA 54

New South Wales Court of Appeal

CITATION : St Vincent's Hospital Sydney Limited v Ann-Maree Sweeney [2002] NSWCA 54 FILE NUMBER(S) : CA 40249/01 HEARING DATE(S) : 4 March 2002 JUDGMENT DATE : 14 March 2002

PARTIES : St Vincent's Hospital Sydney Limited (Appellant) Ann-Maree Sweeney (Respondent) JUDGMENT OF : Handley JA at 1; Beazley JA at 2; Ipp AJA at 3

LOWER COURT JURISDICTION : District Court LOWER COURT DC 2844/00 FILE NUMBER(S) : LOWER COURT Sorby DCJ JUDICIAL OFFICER :

COUNSEL : Appellant: P Menzies QC/ GR Waugh Respondent: ML Williams SC SOLICITORS : Appellant: William K Chambers Respondent: Carroll O'Dea CATCHWORDS : Negligence - appeal - quantum of damages - past economic loss - future economic loss - future care - assessment within discretion - judge's basis of reasoning revealed in reasons - appeal dismissed. ND DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40249/01 DC 2844/00

HANDLEY JA BEAZLEY JA IPP AJA

Thursday 14 March 2002 ST VINCENT'S HOSPITAL SYDNEY LIMITED v ANN-MAREE SWEENEY

Judgment 1 HANDLEY JA: I agree with Ipp AJA. 2 BEAZLEY JA: I agree with Ipp AJA. 3 IPP AJA: The respondent's claim for damages and the appeal

4 The respondent was employed by the appellant as a registered nurse. She brought proceedings against the appellant, claiming that - in the course of her duties - the appellant had negligently caused her to be exposed to tubercular bacilli. She asserted that the appellant thereby caused her to contract pulmonary tuberculosis and to suffer psychiatric harm. 5 Sorby DCJ upheld the respondent's claim and assessed damages in the sum of $753,584.00. He granted judgment in her favour in that amount. 6 The appellant appeals in respect of three heads of damage that were part of the total sum of $753,584.00 assessed by His Honour. These are $80,000.00 in respect of the costs of future care, $120,053.00 in respect of past economic loss, and $324,743.00 in respect of future economic loss.