The proceedings Scrivener v Raffles Medical Group Limited [2015] NSWSC 874 did not arise from medical tourism, rather the claimant had fallen ill whilst in Singapore and so attended a hospital. The allegations appear to focus on a failure to properly diagnose and treat appendicitis, leading to ruptured acute appendicitis.

The defendant filed a motion seeking to have the statement of claim set aside on three bases: inappropriate forum, service irregularities and an argument that the claimant was incapable of demonstrating that the defendant was vicariously liable, according to the law of Singapore, for the allegedly wrongful actions of various doctors by whom the plaintiff asserts he was treated in Singapore.

The court held that:

  • it would be oppressive and vexatious to the defendant for the proceedings to continue in the Supreme Court of New South Wales as opposed to being commenced in Singapore; that the defendant has identified a foreign tribunal that is perfectly capable of resolving this dispute: [49]
  • the plaintiff was not entitled to purport to serve the defendant in a foreign country with a statement of claim pleading breach of contract: [61]
  • the vicarious liability issue need not be determined.

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