Borg v Ramsay Health Care trading as North Shore Private Hospital Pty Limited [2014] NSWSC 37

Supreme Court New South Wales

Medium Neutral Citation: Borg v Ramsay Health Care trading as North Shore Private Hospital Pty Limited [2014] NSWSC 37 Hearing dates: 3 February 2014; 5 February 2014 Decision date: 12 February 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) Judgment for the plaintiff in the sum of $20,700. (2) Subject to (3) below, reserve the question of costs. (3) If no application is made in writing for a different order within seven days, order the defendants to pay the plaintiff's costs of the proceedings. Catchwords: TORTS - Negligence - Causation - Pre-existing injuries EVIDENCE - Credibility - Video Surveillance - disclosure to plaintiff Legislation Cited: - Civil Liability Act 2002 (NSW), s 5D, s 5E, s 13, s 15 - Evidence Act 1995 (NSW), s 69 - Workers Compensation Act 1987 (NSW) - Workers Compensation Amendment Act 2012 (NSW) Cases Cited: - Hood Constructions Pty Limited v Nicholas (1987) 9 NSWLR 60 - Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 - Maguire v McGroder [2001] NSWSC 122 - Re Australian Postal Commission v Hayes [1989] FCA 176; 23 FCR 320 - Watts v Rake [1960] HCA 58; 108 CLR 158 Category: Principal judgment Parties: Michael Borg (Plaintiff) Ramsay Health Care (First Defendant) Dr Mark Donnelley (Second Defendant) Representation: Counsel: Mr A Lidden SC with Ms MA Campbell for the Plaintiff Mr MJ Fordham SC for the Defendants Solicitors: Brydens Lawyers for the Plaintiff HWL Ebsworth Lawyers for the First Defendant Avant Law Pty Ltd for the Second Defendant File Number(s): 2009/332608; 2011/411575