Stewart v Metro North Hospital and Health Service

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, JAGOT AND BEECH‑JONES JJMICHAEL STEWART BY HIS LITIGATION GUARDIANCAROL SCHWARZMAN  APPELLANTANDMETRO NORTH HOSPITAL AND HEALTH SERVICE  RESPONDENTStewart v Metro North Hospital and Health Service[2025] HCA 34Date of Hearing: 11 June 2025Date of Judgment: 3 September 2025B10/2025ORDER1.Appeal allowed with costs.2.Set aside order 1 of the orders of the Court of Appeal of the Supreme Court of Queensland in appeal no CA 4488/24 made on 15 November 2024 and order 1 of the orders of the Court of Appeal in appeal no CA 4488/24 made on 6 December 2024 and in their place order that:(a)the appeal be allowed with costs;(b)the order of the Supreme Court of Queensland in matter 4665/22 made on 20 March 2024 be set aside; and(c)orders 1 and 2 of the costs orders of the Supreme Court of Queensland in matter 4665/22 made on 22 May 2024 be set aside and in their place it be ordered that the defendant pay the plaintiff's costs.3.The matter be remitted to the Supreme Court of Queensland for assessment of damages and consequential orders.On appeal from the Supreme Court of QueenslandRepresentationB W Walker SC with G R Mullins KC and J J Liddle for the appellant (instructed by Maurice Blackburn Lawyers)C C Heyworth-Smith KC with K E Slack for the respondent (instructed by Corrs Chambers Westgarth)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSStewart v Metro North Hospital and Health ServiceDamages – Assessment –...