NSW Caselaw
New South Wales Court of Appeal
CITATION: Sharman v Boshell [2005] NSWCA 476
HEARING DATE(S): 12/05/05
JUDGMENT DATE: 22 December 2005
JUDGMENT OF: Tobias JA at 1; Basten JA at 2; Campbell AJA at 3
DECISION: 1. Appeal allowed; 2. Verdict and judgment of Acting Judge Hungerford set aside; 3. Matter remitted to the District Court for a new trial; 4. Costs of the first trial to be determined by the Judge hearing the retrial; 5. Respondent to pay the appellant's costs of the appeal; 6. Respondent to have a Certificate under the Suitors' Fund Act 1951 if otherwise qualified.
CATCHWORDS: Negligence - Failed sterilisation procedure - Trial Judge's findings of fact - Reliance upon absence of testing by cross-examination when cross-examination forgone - Failure to consider all the evidence - Reasons.
Civil Liability Act 2002 LEGISLATION CITED: Suitors' Fund Act 1951
Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Albalos v Australian Postal Commission (1990) 171 CLR 167 Devries v Australian National Railways Commission (1992) 177 CLR 472 Fox v Percy (2003) 214 CLR 118 CASES CITED: Galea v Galea (1990) 19 NSWLR 263 Seymour v Australian Broadcasting Corporation (1989) 19 NSWLR 219 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) (1999) 73 ALJR 306 Mifsud v Campbell (1991) 21 NSWLR 725 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430
Susan Lesley Sharman - Appellant PARTIES: Dr Laurence Boshell - Respondent
FILE NUMBER(S): CA 40758/04
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