Case S307/2012

Wallace v. Kam

Case No.


Case Information

Lower Court Judgment

13/04/2012 Supreme Court of New South Wales (Court of Appeal) (Allsop P, Beazley JA, Basten JA.)

[2012] NSWCA 82


Torts – Negligence – Causation – Medical practitioner – Failure to warn –Duty to warn patient of material risks inherent in applicant’s proposed back surgery – Multiple material risks – Applicant suffered nerve damage on account of one of several risks materialising – Applicant argued that he would not have undergone surgery if told of all risks – Whether failure to warn of material risks that did not eventuate causally connected to damage – Civil Liability Act 2002 (NSW), s 5D.

Short Particulars


05/10/2012 Hearing (SLA, Sydney)

18/10/2012 Notice of appeal

26/10/2012 Chronology (Appellant)

01/11/2012 Amended written submissions (Appellant)

16/11/2012 Written submissions (Respondent)

30/11/2012 Reply

13/03/2013 Hearing (Full Court, Caberra)

08/05/2013 Judgment  (Judgment summary)