NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Elysee v Ngo [2018] NSWDC 137 Hearing dates: 10, 14-16 May 2018 Decision date: 24 May 2018 Jurisdiction: Civil Before: Cowdroy QC ADCJ Decision: (1) Judgment for the plaintiff in the amount of $209,700.
(2) The defendant is to pay the plaintiff's costs. Catchwords: TORTS - negligence - professional negligence – medical practitioner failing to diagnose potential chronic illness in plaintiff for extended period – defendant failing to refer plaintiff for specialist medical treatment. Legislation Cited: Civil Liability Act 2002 (NSW) Limitation Act 1969 (NSW) Cases Cited: Baker-Morrison v State of New South Wales [2009] NSWCA 35 CSR Limited v Eddie [2005] HCA 64; 80 ALJR 59 EMI Australia Limited v Bes [1970] 2 NSWR 238 Kay v Sydney Airports Corporation Limited [2014] NSWSC 744 Londos v Amaca Pty Ltd [2017] NSWDDT 7 Metro North Hospital and Health Service v Pierce [2018] NSWCA 11 State of New South Wales v Gillett [2012] NSWCA 83 Strong v Woolworths Ltd [2005] HCA 5 Category: Principal judgment Parties: Sam Elysee (Plaintiff) Dr Trung Huu Ngo (First Defendant) Representation: Counsel: Mr A. Campbell (Plaintiff) Mr M. Hutchins (Second Defendant)
Solicitors: Gerard Malouf & Partners (Plaintiff) Meridian Lawyers (2nd Defendant) File Number(s): 2016/00097659
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