Naidoo v Brisbane Waters Administration Pty Ltd trading as Brisbane Waters Private Hospital [2017] NSWDC 372

District Court New South Wales

Medium Neutral Citation: Naidoo v Brisbane Waters Administration Pty Ltd trading as Brisbane Waters Private Hospital [2017] NSWDC 372 Hearing dates: 15, 16, 17, 18, 19, 22, 23, 24 May 2017 and 23 June 2017Submissions closed: 30 June 2017 Date of orders: 20 December 2017 Decision date: 20 December 2017 Jurisdiction: Civil Before: Wilson SC DCJ Decision: (a) judgment for the plaintiff against the first defendant in the sum of $32,167.00; (b) judgment for the plaintiff against the second defendant in the sum of $64,333.00; (c) the defendants to pay the plaintiff's costs proportionately according to their respective share of responsibility; (d) the cross claims are dismissed with no order as to costs; (e) liberty to apply within 28 days to vary costs order (c), if necessary; (f) the Exhibits to be returned after 28 days. Catchwords: TORT – medical negligence – liability of hospital – liability of psychiatrist – whether patient ought to have been discharged and permitted to drive her motor vehicle whilst suffering from tiredness and sedation. OBVIOUS RISK – DUTY OF PROFESSIONAL – whether duty of care breached – whether a professional acted in a manner that was widely accepted by peer professional opinion as competent professional practice EVIDENCE – business records – reliability of witnesses EXPERTS – concurrent evidence – rationality of opinion CONTRIBUTORY NEGLIGENCE ASSESSMENT OF DAMAGES – extent of loss suffered – where plaintiff receiving compensation payments prior to subject injury Legislation Cited: Civil Liability Act 2002 Workers Compensation Act 1987 Cases Cited: Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420; (2009) 260 ALR 628; (2009) 84 ALJR 19; [2009] HCA 48 Albrighton v Royal Prince Alfred Hospital [1990] 2 NSWLR 542 Allen v Chadwick [2015] HCA 47 Biggs v George [2016] NSWCA 113 Boral Bricks Pty Ltd v Cosmidis [2013] NSWCA 443 Commonwealth of Australia v Elliott [2004] NSWCA 360 Drinkwater v Howarth [2006] NSWCA 222 Glen v Sullivan (2015) 71 MVR 417 Hall v State of NSW [2014] NSWCA 154 Kempsey District Hospital v Thackham (1995) 36 NSWLR 492 Laoulach v Ibrahim [2011] NSWCA 402 Lesandu Blacktown Pty Ltd v Gonzalez [2013] NSW 8 Luxton v Vines (1952) 85 CLR 352 Marien v Gardiner [2013] NSWCA 396 Metaxoulis v McDonald's Australia Ltd [2015] NSWCA 95 Podrebersek v Australian Iron and Steel [1985] HCA 34; 59 ALR 529 Purkess v Crittenden (1965) 114 CLR 164 Ridolfi v Hammond [2012] NSWCA 3 Seltsam Pty Limited v Ghaleb [2005] NSWCA 208 The Council of the City of Greater Taree v Wells [2010] NSWCA 147 Tomes v Adams [2003] NSWCA 269 Wallace v Kam [2013] HCA 19 Watts v Rake (1960) 108 CLR 158 Texts Cited: Wikipedia Category: Principal judgment Parties: Revalyn Naidoo (Plaintiff) Brisbane Waters Administration Pty Limited trading as Brisbane Waters Private Hospital (First Defendant) Dr Larissa Grund (Second Defendant) Representation: Counsel: Mr M Thompson (Plaintiff) Mr R Scruby (First Defendant) Mr G Gemmell (Second Defendant)