Kelly v Blackstock [2023] NSWDC 48

Kelly v Blackstock [2023] NSWDC 48

Because default judgment had been entered for the plaintiff and the unchallenged evidence established significant physical, cosmetic, psychological, earning capacity, treatment expense and domestic assistance consequences caused by the defendant's surgery, the plaintiff was entitled to damages assessed at $435,000, together with costs on the ordinary basis, subject to a certificate requirement addressing wasted costs caused by her solicitor.

Jurisdiction
Australia
Judgment Date
10 March 2023
Procedural Posture
Civil Professional Negligence Claim for Damages Arising From Medical Cosmetic Surgery / Default Judgment Entered for the Plaintiff; Assessment of Damages
Outcome
Verdict and judgment for the plaintiff in the amount of $435,000, with the defendant to pay the plaintiff's costs on the ordinary basis unless otherwise ordered.
Legal Topics
['cosmetic Surgery' 'breast Augmentation' 'labioplasty' 'non Economic Loss' 'economic Loss' 'out of Pocket Expenses' 'domestic Assistance' 'costs']
['torts' 'professional Negligence' 'medical Negligence' 'damages'] ['cosmetic Surgery' 'breast Augmentation' 'labioplasty' 'non Economic Loss' 'economic Loss' 'out of Pocket Expenses' 'domestic Assistance' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Professional Negligence Claim for Damages Arising From Medical Cosmetic Surgery / Default Judgment Entered for the Plaintiff; Assessment of Damages

Legal Issues

  1. 1 ['Assessment of damages after default judgment for professional negligence in relation to breast augmentation and labioplasty surgery' 'Whether the plaintiff should recover non-economic loss, economic loss, future treatment expenses, domestic assistance and past out-of-pocket expenses' "Whether the defendant should pay the plaintiff's costs and whether orders should address wasted costs caused by the plaintiff's solicitor"]

Ratio Decidendi

Because default judgment had been entered for the plaintiff and the unchallenged evidence established significant physical, cosmetic, psychological, earning capacity, treatment expense and domestic assistance consequences caused by the defendant's surgery, the plaintiff was entitled to damages assessed at $435,000, together with costs on the ordinary basis, subject to a certificate requirement addressing wasted costs caused by her solicitor.

Court Disposition

Verdict and judgment for the plaintiff in the amount of $435,000, with the defendant to pay the plaintiff's costs on the ordinary basis unless otherwise ordered.

Orders

  • ['Verdict and judgment for the plaintiff in the amount of $435,000;' "The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered" 'The exhibits may be returned;' "Pursuant to s 98 and s 99 of the Civil Procedure Act 2005 (NSW), at the time the plaintiff's solicitor renders his bill...