Cosmetic surgery claim – Procedural fairness issues

In O’Connell v Barnett [2014] VSCA 125 the Victorian Court of Appeal focused on procedural fairness issues when addressing an appeal from an unsuccessful claim by a then self represented litigant, alleging negligence and breach of contract in the performance of cosmetic and related surgeries.

The court held that the appellant was not deprived of the ability to put her case in a proper way by reason of the process adopted by the judge to assist her in explaining her position and that, looking at the transcript of her examination-in-chief as a whole, there was no failure by the judge to discharge his duty to ensure a fair trial.

The appeal was dismissed.

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