Sorbello v South Western Sydney Local Health Network; Sultan v South Western Sydney Local Health Network [2016] NSWSC 863

Supreme Court New South Wales

Medium Neutral Citation: Sorbello v South Western Sydney Local Health Network; Sultan v South Western Sydney Local Health Network [2016] NSWSC 863 Hearing dates: 30 May 2016, 31 May 2016, 1 June 2016, 2 June 2016 and 3 June 2016 Date of orders: 24 June 2016 Decision date: 24 June 2016 Jurisdiction: Common Law Before: Schmidt J Decision: Judgment for Ms Sorbello and Mr Sultan.

The parties should file proposed orders, including as to costs, within 28 days. Catchwords: TORTS – negligence – medical negligence – nervous shock – breach of duty of care admitted – whether psychiatric injuries suffered – nature and extent of injuries – assessment of non-economic loss and past and future economic losses – judgment in favour of plaintiff in each case – costs Legislation Cited: Civil Liability Act 2002 (NSW) Evidence Act 1995 (NSW) Cases Cited: Buksh by his next friend Buksh v South Western Sydney Local Health Network [2016] NSWSC 649 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Malec v Hutton [1990] HCA 20; (1990) 169 CLR 638 Mead v Kerney [2012] NSWCA 215 Nominal Defendant v Livaja [2011] NSWCA 121 Sanchez-Sidiropoulos v Canavan [2015] NSWSC 1139 State of NSW v Moss [2000] NSWCA 133 Category: Principal judgment Parties: Rosemary Sorbello (Plaintiff) South Western Sydney Local Health Network (Defendant)

Sleiman Sultan (Plaintiff) South Western Sydney Local Health Network (Defendant) Representation: Counsel: Mr D Higgs SC with Ms L Whalan (Plaintiffs) Mr M McCulloch SC with Mr S Woods (Defendant)