NSW Caselaw
New South Wales Supreme Court
CITATION : Rhonda Ballard v Wendy Louise Cox & Anor [2006] NSWSC 252
HEARING DATE(S) : 20/03/06, 21/03/06, 22/03/06, 23/03/06, 24/03/06, 27/03/06, 29/03/06, 31/03/06
JUDGMENT DATE : 7 April 2006
JUDGMENT OF : Dunford AJ
DECISION : 1. Judgment for the plaintiffs against the second defendant for full amounts agreed to by first defendant.; 2. Liability apportioned 60% to first defendant, 40% to second defendant.; 3. Consequential orders made.
CATCHWORDS : Negligence - child born with brain damage - failure of obstetrician to attend when first called - condition of foetus deteriorates - delay in calling obstetrician again - inappropriate forceps delivery - nature and cause of brain injury - apportionment
LEGISLATION CITED : Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1946
Rhonda Ballard v Wendy Louise Cox & Anor PARTIES : Spencer Cotie by his tutor Mike Cotie v Wendy Louise Cox & Anor Mike Cotie v Wendy Louise Cox & Anor
FILE NUMBER(S) : SC 20433/01; 20435/01; 20434/01
D J Higgs - mentioned for plaintiffs COUNSEL : D J Higgs SC / J Downing - First Defendant J L Glissan QC / M J Fordham - Second Defendant
SOLICITORS : Tresscox Lawyers - First Defendant Minter Ellison Lawyers - Second Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
DUNFORD AJ
Friday, 7 April 2006
20433/01 RHONDA BALLARD v WENDY LOUISE COX & ANOR 20435/01 SPENCER COTIE BY HIS TUTOR MIKE COTIE v WENDY LOUISE COX & ANOR 20434/01 MIKE COTIE v WENDY LOUISE COX & ANOR
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