Rastogi v Nolan

Background 9 Particularly having regard to the defendant's unrepresented status, it is necessary to outline some background to the proceedings. That has some complexity. 10 The plaintiff is a medical practitioner, practising as a cosmetic surgeon. Cosmetic surgery is to be distinguished from plastic and reconstructive surgery, which was said, by the plaintiff, to be a broad group of procedures, mostly to do with reconstruction following surgery and trauma. Cosmetic surgery, by contrast, is, as the name implies, for purely cosmetic reasons - enhancement of personal appearance. 11 In June 2005 at the Bondi Junction Private Hospital, the plaintiff performed surgery of two kinds on the defendant. One was breast augmentation; the other was liposuction to her abdomen and thighs. 12 The defendant complained about the outcome of the breast augmentation surgery, initially by telephone, and, from 7 September, by letters written to the plaintiff through his staff, and then directly to the plaintiff. She demanded removal of the breast implants, and a further consultation with the plaintiff. 13 From 7 September to 13 September the defendant sent seven letters to the plaintiff, all complaining of the surgery and post-surgery treatment. 14 Thereafter, she sent a further eight letters addressed to the plaintiff, but noted on these that they were copied to various statutory bodies such as the Office of the Privacy Commission, the Registrar of the NSW Medical Board, the Office of the NSW Minister for Health, and the Office of the Health Care Complaints Commission ("the HCCC"). 15 From 2 October 2005 the defendant made complaints in writing to the Director of Nursing at the Bondi Junction Private Hospital and the Ethics Committee of the Australasian College of Cosmetic Surgery, the Registrar of the NSW Medical Board and the HCCC. This bombardment of correspondence continued until September 2006. On 5 March 2006 the defendant sent no less than 13 letters to the plaintiff, each copied to the HCCC and the Minister for Health. On 23 and 24 April 2006 the defendant sent 4 letters of complaint to the HCCC. 16 By July 2006 the plaintiff had retained a solicitor, Mr Andrew Saxon, to advise him in relation to the defendant's activities. On 17 July the defendant wrote to Mr Saxon, making serious accusations about the plaintiff. She did so again on 3 August. On 25 August she telephoned Mr Saxon. There she outlined her claim against the plaintiff. In essence, she claimed monetary compensation for revision of the breast surgery, plus consequential and associated expenses, and an amount of $150,000, which could be translated (in personal injury claim terms) to a claim for non-economic loss, or general damages. 17 On 4 September 2006 the complainant wrote to the Premier of NSW complaining of a variety of issues, including the performance of cosmetic surgery. The plaintiff was not mentioned in this letter. 18 On 17 October 2006, the plaintiff launched a book written by him entitled "Breast Art". The defendant disrupted the launch, flourishing two breast implants, and screaming. Police were called. 19 In May 2007 the plaintiff sought an Apprehended Violence Order against the defendant. Ultimately, the defendant undertook to the court that she would not approach the plaintiff by any means or defame him by any means. As a result, no hearing of the plaintiff's allegations took place.