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Dentist drilled by the NSW Court of Appeal

Case review: Dean v Phung [2012] NSWCA 223

Introduction

On 30 June 2012 the NSW Court of Appeal held that unnecessary dental treatment provided by a dentist over a 12 month period amounted to trespass to the person.  In reaching this conclusion, the Court held that the Civil Liability Act 2002 (NSW) (Civil Liability Act) did not apply to the appellant’s claim, that the defence (to trespass) of consent was not available to the respondent and that the appellant was eligible for an award of exemplary damages. More…