Recent Cases

Nguyen v Rickhuss [2023] NSWCA 249 (26 October 2023) (Ward P, Leeming JA and Basten AJA)


Catchwords:


CIVIL PROCEDURE – representative proceedings – claims based on breast augmentation surgery performed by defendant/appellant medical practitioners – whether litigation should continue to proceed as representative proceedings – whether claims in statement of claim gave rise to substantial common questions of law and fact – whether representative plaintiffs’ and group members’ claims “common” or “individualistic” – where representative plaintiffs alleged that all surgery was performed according to same system, which gave rise to increased risk of harm – primary judge correct to find that statement of claim gave rise to substantial common questions of law and fact