Daniel Smith by his tutor Debra Smith v South Western Sydney Local Health Network

• 1. Appeal
  2. › New point raised on appeal not taken below
  3. › Whether appellant could rely on reformulated breach of duty on appeal
  4. › Whether exceptional circumstances existed
  5. › Whether cross-examination likely to be different
  6. › Coulton v Holcombe unfairness
• 1. Torts
  2. › Negligence
  3. › Causation
  4. › Factual causation
  5. › But for test
  6. › Whether negligent omission to advise caused suicide attempt
  7. › Whether temporal gap between stressor exposure and suicide attempt negated causal connection
  8. › Civil Liability Act 2002 (NSW), s 5D
• 1. Torts
  2. › Negligence
  3. › Causation
  4. › Evidence of hypothetical conduct
  5. › Weight to be given to evidence of what plaintiff's mother would have done
  6. › Whether rejection of such evidence on ground of hindsight bias was open to primary judge
  7. › Civil Liability Act 2002 (NSW), s 5D(3)
• 1. Appeal
  2. › Appellate review of findings of fact
  3. › Whether appellate court should interfere with primary judge's assessment of evidence
  4. › Proper inferences from established facts
  5. › Appellate restraint where trial judge's advantage in assessing witnesses

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