NSW Caselaw
New South Wales Court of Appeal
CITATION : Cerutti v. Forbes-Johnson [2004] NSWCA 49 HEARING DATE(S) : 1 March 2004 JUDGMENT DATE : 8 March 2004
JUDGMENT OF : Giles JA at 1; Hodgson JA at 2; Stein AJA at 28 DECISION : 1. Appeal allowed. 2. Verdict and judgment of the primary judge set aside, and in lieu thereof verdict and judgment for the appellant, and the respondent to pay the appellant's costs of the proceedings. 3. Respondent to pay appellant's costs of the appeal, and have a certificate under the Suitors' Fund Act if otherwise entitled.
CATCHWORDS : TORTS - NEGLIGENCE - Medical negligence - Failure of anaesthetic during operation - Adequacy of dosage - Need to show that defendant's opinion as to adequacy was such as should not have been held by a reasonable anaesthetist, or that otherwise the defendant departed from proper practice. PARTIES : Steven Cerutti - appellant Maree Forbes-Johnson - respondent FILE NUMBER(S) : CA 41036/02 COUNSEL : Mr. G.B. Evans for appellant Mr. A.T. McInnes QC with S. Hickey for respondent SOLICITORS : Tress Cocks & Maddox, Sydney for appellant Bryan Gorman & Co., Campbelltown for respondent
LOWER COURT District Court JURISDICTION : LOWER COURT DC 8223/00 FILE NUMBER(S) : LOWER COURT Murrell DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41036/02 DC 8223/00
GILES JA HODGSON JA STEIN AJA
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