GA Publishing Mosman Sydney Australia

Peer opinions

Zvicer v Hunter New England Local Health District [2026] NSWSC 1241 (8 October 2026) Lonergan J

“This a medical negligence claim brought by the first plaintiff, Vesna Zvicer, against the Hunter New England Local Health District (HNELHD). In the plaintiffs’ further amended statement of claim filed 11 February 2021, Ms Zvicer claims that the failure to perform a fasciotomy on her left leg on 11 November 2020 caused or materially led to her requiring a below knee amputation on that leg. Where in this judgment I refer to the “left leg”, I am referring to that portion of her left limb which lies between the knee and foot. In this sense, it is to be distinguished from the left thigh,” Lonergan J said [1].

“Ms Zvicer claims that HNELHD is vicariously liable for the acts and/or omissions of its medical staff at the hospital [John Hunter], who she claims erroneously concluded that her left leg was dead on the morning of 11 November 2020. She says that had they not reached that conclusion, they would (or should) have performed a fasciotomy on her left leg. Had they done so, she says that she would not have required a below knee amputation,” her Honour said [3].

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Arrest unreasonable

Corban v State of New South Wales [2026] NSWDC 363 (7 October 2026) Waugh SC DCJ

“The plaintiff, Ms Corban, sues the defendant, the State of New South Wales, for damages for false imprisonment, assault and battery as a result of what she alleges was her unlawful arrest by Constable Carey at Maroubra Police Station on the night of Wednesday 19 October 2022,” [1].

“The question of the lawfulness of Ms Corban’s arrest turns on the application to the facts of two provisions of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (“LEPRA”), being the power of police officers to arrest without warrant under section 99 and their obligation to provide the reason for arrest under section 202,” his Honour said [2].

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$39,000 fixed costs

Zey v State of New South Wales [2026] NSWCA 208 (30 September 2026) Ward ACJ, Mitchelmore JA

Dismissing with gross sum costs orders unrepresented application for leave to appeal from Levy ADCJ.

The Court [46] “The principles relating to the making of a gross sum costs order are well settled. In Gabrielle v Abood (No 4) [2023] NSWCA 100 at [6], the Court summarised the applicable principles as follows:

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Burned clerk

Lepan v TPG Telecom Limited [2026] NSWDC 328 (11 September 2026) Fitzsimmons SC DCJ

“On the afternoon of 22 November 2019, whilst working at the defendant’s Vodafone store in Campbelltown Macarthur Square (‘the Macarthur store’), the plaintiff interacted with a male customer who became hostile and verbally abusive towards him. Several hours later, the customer returned and confronted the plaintiff in a similarly hostile and abusive manner before producing a deodorant can and cigarette lighter. The deodorant can was sprayed and its contents ignited in the direction of the plaintiff’s head, creating a blowtorch and a fireball directed towards the plaintiff’s face. The plaintiff suffered superficial injuries to his arm and head as well as a significant psychiatric injury,” his Honour said [1].

Liability denied, past economic loss agreed, future economic loss in issue. Security expertise.

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Exemplary damages

Camilleri v State of New South Wales [2026] NSWDC 329 (11 September 2026) Scotting DCJ

Trespass to land, false imprisonment, malicious prosecution. Table below follows judgment style.

“The State accepts that it is vicariously responsible for the actions of the police officers involved and is liable to pay damages, if the plaintiff can establish the elements of the torts he has alleged,” Scotting DCJ said [2].

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