Fan v South Eastern Sydney Local Health District [2016] NSWCA 64

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fan v South Eastern Sydney Local Health District [2016] NSWCA 64 Hearing dates: 1 March 2016 Decision date: 06 April 2016 Before: McColl JA at [1]; Basten JA at [2]; Simpson JA at [94] Decision: (1) Dismiss the appeals.

(2) Order that the appellant pay the respondent's costs in this Court. Catchwords: TORTS – medical negligence – whether misdiagnosis – whether unreasonable delay in carrying out cholecystectomy – whether delay resulted in further medical conditions and disabilities – claims not supported by experts

APPEAL – civil – function of appellate court in relation to fact finding at trial – whether conflicting statements in written records provide basis for appellate interference with the findings of trial judge – selective reading of evidence – importance of joint expert report and evidence in conclave Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court Act 1970 (NSW), s 75A Category: Principal judgment Parties: Wei Fan (Appellant) South Eastern Sydney Local Health District (Respondent) Representation: Counsel: Appellant self-represented Ms J Lonergan SC/Mr S Woods (Respondent)

Solicitors: Appellant self-represented Curwoods Lawyers (Respondent) File Number(s): 2015/263062; 2015/353083 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2015] NSWSC 1235; [2015] NSWSC 1620 Date of Decision: 31 August 2015; 3 November 2015 Before: Harrison AsJ File Number(s): 2008/289228