Torts: Cases and Commentary - LexisNexis

3.9 Duty under statute
In the context of possible claims against medical practitioners under the
Trade Practices Act 1974 (Cth), see Kowalczuk v Accom Finance [2008]
NSWCA 343. The court followed Shahid v Australian College of
Dermatologists [2008] FCAFC 72; (2008) 168 FCR 46.
3.24 Qualifications and experience
Imbree v McNeilly [2008] HCA 4. Consideration of aspects of Cook v Cook;
Duty of care in the context of special relationship between plaintiff and
defendant. Note the passing reference to the implications of this decision in
at Le Brun v Joseph [No 2] [2010] WASCA 52 at [183].
3.32 Rural v city locations
Richards & Ors v Rahilly & Anor [2005] NSWSC 352 at [145]: Rural practice
may be a relevant circumstance in determining adequate care, in that access
to sophisticated equipment is not as readily available as it would be in the
city.
Medico legal examinations
Basha v Vocational Capacity Centre Pty Ltd [2009] NSWCA 409: Aggravation
of shoulder injuries during vocational assessment; content of duty.
Kilvington v Grigg & Ors [2010] QDC 496: Medical practitioner – duties to
patient – certificate for application to superannuation fund – whether duty to
provide – whether damages suffered.
Drug rehabilitation
Swanson v Kedesh Rehabilitation Services Ltd [2010] NSWCA 25: Drug
rehabilitation program. No duty to ensure a particular result (the taking of
medication before leaving facility); only to take reasonable care for the safety
of its residents (at [43]).
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