NSW Caselaw
New South Wales Court of Appeal
CITATION : DANKA DUROVIC v DR ROBERT ZABOW [2002] NSWCA 195 FILE NUMBER(S) : CA 40390/2001 HEARING DATE(S) : 18 April 2002 JUDGMENT DATE : 26 June 2002
PARTIES : DANKA DUROVIC v DR ROBERT ZABOW JUDGMENT OF : Mason P at 1; Barr J at 48; McClellan J at 49
LOWER COURT JURISDICTION : District Court LOWER COURT DC 9439/98 FILE NUMBER(S) : LOWER COURT Cooper DCJ JUDICIAL OFFICER :
COUNSEL : Appellant: P Ramos Respondent: M I Bozic SC SOLICITORS : Appellant: Athena Touriki Respondent: Phillips Fox CATCHWORDS : Negligence - quantum of damages - medical negligence when doctor prescribed hormone replacement therapy in place of contraceptives - plaintiff fell pregnant and underwent a termination - psychological effects of termination and mental injury - whether consequences of negligence were exaggerated - contradictory evidence of cause of mental injury - failure to call one treating psychiatrist at trial - failure to inform treating psychologists and psychiatrists of other treatment - whether trial judge erred in assessing the true impact of the tort. (ND) CASES CITED: Abalos v Australian Postal Commission (1990) 171 CLR 167 Baker v Willoughby [1970] AC 467 DECISION : Appeal dismissed with costs.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40390/2001 DC 9439/1998
MASON P BARR J MCCLELLAN J
Wednesday 26 June 2002
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