NSW Caselaw
New South Wales Court of Appeal
CITATION: Schultz v Bailey [2007] NSWCA 110
HEARING DATE(S): 16 April 2007
JUDGMENT DATE: 10 May 2007
JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Basten JA at 90
DECISION: (a) Appeal allowed; (b) the judgment of Hall J set aside; (c) in lieu thereof, a judgment for Mr Schultz in the sum of $255,561.95, together with interest from 20 July 2006; (d) Dr Bailey to pay Mr Schultz's costs of the trial on a party and party basis for work done up until 29 September 2005 and on an indemnity basis in respect of work done thereafter; (e) Dr Bailey to pay Mr Schultz's costs of the appeal; (f) Dr Bailey to have a certificate under the Suitors' Fund Act 1951 (NSW), if otherwise qualified.
CATCHWORDS: APPEAL – fact – appellant unsuccessfully sought damages for professional negligence from the respondent general practitioner who had diagnosed the appellant's delusional beliefs as 'psychotic' in nature – medication prescribed by the respondent caused catastrophic, but rare, side-effects – whether, on the primary facts that were, or should have been, found by Hall J, it was reasonable for the respondent to diagnose the appellant as suffering from a psychosis, or depression complicated by psychotic symptoms – difference between psychosis and anxiety or a phobic state
LEGISLATION CITED: Suitors' Fund Act 1951 (NSW)
CASES CITED: Schultz v Bailey [2006] NSWSC 727
PARTIES: Rex John Schultz - Appellant Dr Belinda Bailey - Respondent
FILE NUMBER(S): CA 40484 of 2006
COUNSEL: B Walker SC; J Anderson - Appellant S Kalfas SC - Respondent
SOLICITORS: Farrell Lusher by their agents Turner Whelan - Appellant United Medical Protection - Respondent
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