Locke v Bova & Anor [2004] NSWSC 534

New South Wales Supreme Court

CITATION : Locke v Bova & Anor [2004] NSWSC 534 25/08/03 - 29/08/03 11/09/93 - 12/09/03 HEARING DATE(S) : 16/10/03 20/11/03 9/12/03 26/03/04 JUDGMENT DATE : 24 June 2004 JURISDICTION: Common Law Division JUDGMENT OF : Kirby J DECISION : Verdict for the plaintiff with costs; Within 14 days, the parties to confer and agree on calculations reflecting the reasons in this judgment; Upon agreement, judgment will be entered.

CATCHWORDS : Medical Negligence - nervous shock to doctor in hospital witnessing trauma to wife - loss of earning capacity - chance that may have become specialist State of NSW v Moss (2000) 54 NSWLR 536 CASES CITED : Malec v J C Hutton Pty Ltd (1990) 169 CLR 638 Norris v Blake (1997) 41 NSWLR 49 Dr Peter Locke (Plaintiff) PARTIES : Dr Colin Bova (1st Defendant) South Western Sydney Area Health Service (2nd Defendant) FILE NUMBER(S) : SC 20259/01 COUNSEL : M B Williams SC (Plaintiff) I M Wales SC (Defendants) SOLICITORS : Charlton Shearman (Plaintiff) David Brown (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DAVID KIRBY J

Thursday 24 June 2004

20259/01 DR PETER LOCKE v DR COLIN BOVA & ANOR

JUDGMENT 1 KIRBY J: Dr Peter Locke (the plaintiff) claims damages against Dr Colin Bova and the South Western Sydney Area Health Service, which is responsible for the Liverpool Hospital (the defendants). Dr Bova is an obstetrician and gynaecologist. Dr Locke's wife, Carolyn, was his patient. Mrs Locke gave birth to twin boys on 29 January 2000 at the Liverpool Hospital. Through the neglect of the defendants, she suffered serious injuries. Dr Locke witnessed the events which led to those injuries. In doing so, he suffered nervous shock. 2 The defendants have admitted liability. A companion action by Mrs Locke, heard at the same time, has since been settled. However, it remains to assess the damages to be awarded to Dr Locke.