Busa v South Eastern Sydney Local Health District t/as Sydney Eye Hospital

• 1. Health Law
  2. › Medical negligence
  3. › Surgery
  4. › Ophthalmic procedure
  5. › Tap and inject treatment for endophthalmitis
  6. › Whether treating doctor made excessive number of attempts
  7. › Whether failure to document procedure amounted to breach of duty
  8. › Whether causal connection with harm established
  9. › Civil Liability Act 2002 (NSW), s 5D
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact by trial judge
  4. › Credibility findings
  5. › Whether appellate court should disturb findings based on credibility assessments
  6. › Whether findings glaringly improbable or contrary to compelling inferences
  7. › Supreme Court Act 1970 (NSW), s 75A
• 1. Appeal
  2. › New arguments on appeal
  3. › Whether party may raise on appeal issues not pursued at trial
  4. › Irremediable prejudice to respondent
• 1. Appeal
  2. › Further evidence on appeal
  3. › Special grounds required for evidence existing at time of trial
  4. › Whether evidence could have been obtained with reasonable diligence
  5. › Supreme Court Act 1970 (NSW), s 75A(7), (8)
  6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.51

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