Ngo v Elysee [2019] NSWCA 123 (29 May 2019) (White JA at [1]; McCallum JA at [13]; Sackville AJA at [135])


Catchwords:


TORTS – negligence – medical negligence – breach of duty of care – whether test results warranted referral to a specialist – finding of breach of duty unsupported by the evidence – causation – no evidence that referral to a specialist would have changed the course of treatment – no occasion to order new trial – Court in position to resolve the evidentiary conflict

CIVIL PROCEDURE – summary disposal – dismissal of proceedings – consideration of inappropriateness of bringing a summary judgment application based on agreement between experts in conclave