Briggs v Hillier 2025 NSWSC 1021: Difference between revisions

Latest revision as of 00:00, 13 October 2026

This is a copy of court case available at Court of Appeal practice of Supreme Court for the case Briggs v Hillier [2025 NSWSC 1021]. It took me any years to find an example and data on Supreme Court changes a lot. So, I made a local copy.

Thursday, 15 October 2026

PROFESSIONAL NEGLIGENCE (medical) – the appellant attended upon the respondent following a course of conservative treatment to her lower back which commenced in 1995 – on 11 March 1999, the respondent performed surgery on the appellant and attended upon her thereafter on several occasions again in 1999 – the appellant alleged that she experienced symptoms of lower back injuries in the years following the surgery – the appellant alleged that the respondent negligently advised and managed the appellant over the period in which he treated her in 1999 – the primary judge dismissed the appellant’s claim, including by not granting an extension of the 3-year limitation period – whether the primary judge erred in failing to find that the respondent breached his duty of care to the appellant with respect to medical advice given including regarding pre-operation advice of the risks of surgery – whether the primary judge erred in failing to find that the respondent breached his duty of care in respect of advice regarding the appellant’s return to playing hockey post-operatively – whether the primary judge erred in rejecting the appellant’s accounts of back pain commencing in 2004 – whether the primary judge erred in failing to find that, but for the respondent’s negligent advice, the appellant would not have had the surgery and would not have returned to playing hockey until a reasonable time had elapsed, or at all – whether the primary judge erred in not granting an extension of the limitation period.

Decision under appeal

Briggs v Hillier [2025] NSWSC 1021 - external site

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 This is a copy of court case available at [https://supremecourt.nsw.gov.au/practice-procedure/nswca.html Court of Appeal practice of Supreme Court] for the case [https://www.caselaw.nsw.gov.au/decision/19918a9f5a6213c4a8c680b2 Briggs v Hillier [2025] NSWSC 1021]. It took me any years to find an example and data on Supreme Court changes a lot. So, I made a local copy.
+'''Thursday, 15 October 2026'''
+PROFESSIONAL NEGLIGENCE (medical) – the appellant attended upon the respondent following a course of conservative treatment to her lower back which commenced in 1995 – on 11 March 1999, the respondent performed surgery on the appellant and attended upon her thereafter on several occasions again in 1999 – the appellant alleged that she experienced symptoms of lower back injuries in the years following the surgery – the appellant alleged that the respondent negligently advised and managed the appellant over the period in which he treated her in 1999 – the primary judge dismissed the appellant’s claim, including by not granting an extension of the 3-year limitation period – whether the primary judge erred in failing to find that the respondent breached his duty of care to the appellant with respect to medical advice given including regarding pre-operation advice of the risks of surgery – whether the primary judge erred in failing to find that the respondent breached his duty of care in respect of advice regarding the appellant’s return to playing hockey post-operatively – whether the primary judge erred in rejecting the appellant’s accounts of back pain commencing in 2004 – whether the primary judge erred in failing to find that, but for the respondent’s negligent advice, the appellant would not have had the surgery and would not have returned to playing hockey until a reasonable time had elapsed, or at all – whether the primary judge erred in not granting an extension of the limitation period.
+'''Decision under appeal'''
+''[https://www.caselaw.nsw.gov.au/decision/19918a9f5a6213c4a8c680b2 Briggs v Hillier]'' [https://www.caselaw.nsw.gov.au/decision/19918a9f5a6213c4a8c680b2 &#91;2025&#93; NSWSC 1021 - external site]
+== Submissions ==
+# [[File:1._Notice_of_Intention_to_Appeal.pdf|Notice of Intention to Appeal, 29 September 2025]]
+# [[File:2.Notice_of_Appeal.pdf|Notice of Appeal, 5 December 2025]]
+# [[File:3.Affidavit_of_G_J_Potter.pdf|Affidavit of G J Potter, 2 March 2026]]
+# [[File:4.Appellants_Chronology.pdf|Appellant's Chronology, 11 June 2026]]
+# [[File:5.Appellants_written_submissions.pdf|Appellant's written submissions, 17 June 2026]]
+# [[File:6.Amended_Notice_of_Appeal.pdf|Amended Notice of Appeal, 10 July 2026]]
+# [[File:7.Respondents_written_submissions.pdf|Respondent's written submissions, 2 September 2026]]
+# [[File:8.Respondents_Chronology.pdf|Respondent's Chronology, 2 September 2026]]
+# [[File:9.Appellants_submissions_in_reply.pdf|Appellant's submissions in reply, 2 October 2026]]
+# [[File:10.Appellant_Certification_of_Suitability_for_Publication.pdf|Appellant's Certification of Suitability for Publication, 6 October 2026]]
+# [[File:11.Respondent_Certification_of_Suitability_for_Publication.pdf|Respondent's Certification of Suitability for Publication, 6 October 2026]]