Walls v Lance & Anor [2001] NSWSC 737

New South Wales Supreme Court

CITATION : Walls v Lance & Anor [2001] NSWSC 737 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 11977 of 1993 HEARING DATE(S) : 28 February, 1 - 2 March, 24 - 26 July 2001 JUDGMENT DATE : 29 August 2001

Cynthia Sarah Jane Walls (Plaintiff) PARTIES : v James Waldo Lance (First Defendant) South Eastern Sydney Area Health Service (Second Defendant) JUDGMENT OF : Master Malpass

COUNSEL : N/A (Plaintiff) Mr D Davies SC (Defendants) SOLICITORS : In Person (Plaintiff) Lynn Boyd (Defendants) CATCHWORDS : Plaintiff in person - professional medical negligence claim against specialist neurosurgeon and hospital - diagnosis - myelogram and subsequent treatment - no question of principle. LEGISLATION CITED : Evidence Act 1995, s 80, s 144. Adelaide Stevedoring Co Ltd v Forst (1940) 64 CLR 538. Bergman v Haertsch [2000] NSWSC 528. CASES CITED : Chappel v Hart (1998) 195 CLR 232. Rogers v Whittaker (1992) 175 CLR 479. Rosenberg v Percival [2001] HCA 18. DECISION : See Paragraph 86.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER MALPASS

WEDNESDAY 29 AUGUST 2001

11977 of 1993 CYNTHIA SARAH JANE WALLS v JAMES WALDO LANCE & ANOR JUDGMENT 1 For some time, the plaintiff has not been legally represented. She has appeared in person during the trial of these proceedings. 2 She brings a claim in professional negligence against two defendants. Further, she brings a claim founded on assault against the second defendant. Her claim is presently pleaded in the Fourth Further Amended Statement of Claim. The particulars of negligence may be found in paragraph 16 of this document. The particulars of injury are:- "(a) Damage to the central nervous system (b) Puncture of the spinal canal (c) Pain and emotional sequelae (d) Severe shock"