The case of Atgazis vs. Health Administration Corporation 2010 was heard in the NSW Court of Appeal with Judgment being handed down on 18 October 2010.
Essentially the appeal was an application for leave to appeal a matter that had been dismissed by Her Honour Judge Truss, being a claim by Mrs Atgazis that the Ambulance Service of NSW should be liable in damages for negligence and for intentionally causing her personal injury by not examining her adequately and taking her to the local health service following their attendance upon her for treatment.
The subject matter of the claim arose following the Plaintiff being beaten by her partner and an ambulance then being called to the home in order to treat the Plaintiff.
The decision essentially revolved around the intentional tort with the remainder of the claim being dismissed at first instance. The Applicants case was focused on establishing that there was a reckless indifference to the Plaintiff’s risk of sustaining serious injury and that this should alter the result on the conclusion that an intentional tort had been committed by the ambulance officers. The appeal was dismissed on the basis that the questions decided by the trial judge were of a factual basis and leave should not be granted to the appellant, and that there was no evidence before Truss DCJ capable of satisfying the elements required to give rise to the tortious claim.
The appeal was accordingly dismissed.
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