Varipatis v Almario [2013] NSWCA 76

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Varipatis v Almario [2013] NSWCA 76 Hearing dates: 11 and 12 March 2013 Decision date: 18 April 2013 Before: Basten JA at [1]; Meagher JA at [95]; Ward JA at [118] Decision: (1) Allow the appeal and set aside the judgment and orders made by the trial judge on 21 December 2012. (2) Order that the respondent pay the costs of the appellant of the appeal and of the trial below. (3) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW) in respect of the costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROFESSIONS AND TRADES - medical practitioner - scope of duty - morbidly obese patient with elevated liver function test - critical period 1998-2001

TORTS - negligence - breach - whether doctor breached duty of care by failing to re-refer morbidly obese patient to obesity clinic - where patient ignored prior referral - whether duty required exercise in futility

TORTS - negligence - breach - whether doctor breached duty of care by failing to refer morbidly obese patient to bariatric surgeon - practice of general practitioners at the relevant time

TORTS - negligence - causation - whether doctor's failure to advise patient of true cause of his health problems caused their further deterioration - where doctor supported patient's erroneous belief that health problems partly due to chemical exposure - where patient told that weight loss was needed to save his health