Jambrovic v Day; Jambrovic v Day [2017] NSWSC 1468

Supreme Court New South Wales

Medium Neutral Citation: Jambrovic v Day; Jambrovic v Day [2017] NSWSC 1468 Hearing dates: 19 June 2017, 20 June 2017, 21 June 2017, 22 June 2017 and 23 June 2017 and written submissions dated 29 June 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Common Law Before: Schmidt J Decision: Judgment for Mr and Mrs Jambrovic.

The usual order as to costs under r 42.1 of the Uniform Civil Procedure Rules 2005 (NSW) is that costs as agreed or assessed follow the event. That would be an order in favour of Mr and Mrs Jambrovic. If the parties seek some other order, they will be heard.

The parties should file proposed orders within 21 days. Catchwords: TORTS – medical negligence – nature of doctor's duty to warn – advice about surgical as opposed to conservative treatment – whether doctor had necessary training and experience – breach of duty established – causation – damages – future domestic assistance damages Legislation Cited: Civil Liability Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commercial Union Assurance Company of Australia v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 Rogers v Whitaker (1992) 175 CLR 479; [1992] HCA 58 Category: Principal judgment Parties: Matter Number 2014/375036

August Jambrovic (Plaintiff) Jerry Day (Defendant)

Matter Number 2014/375005

Ludmilla Lydia Jambrovic (Plaintiff) Jerry Day (Defendant) Representation: Counsel: Mr D Higgs SC with Mr G Smith (Plaintiffs) Mr J Morris SC with Mr B Kelleher (Defendant)