NSW Caselaw
New South Wales Supreme Court
CITATION : Wighton v Arnot [2005] NSWSC 637
HEARING DATE(S) : 7-18 March, 21 March, 24 March, 29-31 March, 8 April 2005
JUDGMENT DATE : 1 July 2005
Common Law Division JURISDICTION : Professional Negligence List
JUDGMENT OF : Studdert J
DECISION : I find negligence to have been proved. I do not find the plaintiff to have been guilty of contributory negligence. I assess damages in the sum of $758,910.36. The issues of costs and the awarding of interest, if appropriate, are reserved, pending further submissions. A date for the purpose of hearing such submissions is to be appointed with my associate within the next seven days.
CATCHWORDS : NEGLIGENCE - suspected severance of accessory nerve during surgery - nature and extent of subsequent duty of surgeon to patient - whether breach of duty. DAMAGES - assessment pursuant to Civil Liability Act 2002 - whether 5% discount extends beyond allowance for future loss of earning capacity - s 16 of Act.
LEGISLATION CITED : Civil Liability Act, ss 14, 15, 16
Griffiths v Kerkemeyer (1997) 139 CLR 161 CASES CITED : Rogers v Whitaker (1992) 175 CLR 479 Van Gervan v Fenton (1991-92) 175 CLR 327
Liza-Lee Wighton (Plaintiff) PARTIES : Richard S. Arnot (Defendant)
FILE NUMBER(S) : SC 20267/03
M.B. Williams SC/S. Walsh (Plaintiff) COUNSEL : K. Burke/S. Duggan (Defendant)
Charlton Shearman Read (Plaintiff) SOLICITORS : Tress Cox (Defendant)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
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