Important Notice
SUPREME COURT OF NEW SOUTH WALES
RAAD & ORS
V
THE COSMETIC INSTITUTE PTY LIMITED & ORS
(2017 / 279308)
IMPORTANT NOTICE
REPRESENTATIVE ACTION CONCERNING BREAST AUGMENTATION SURGERY PERFORMED ON PATIENTS OF THE COSMETIC INSTITUTE
NOTICE OF RESUMPTION OF LIMITATION PERIOD FOR MISLEADING OR DECEPTIVE CONDUCT CLAIM
1. The TCI Class Action
On 14 September 2017, representative proceedings were commenced in the Supreme Court of New South Wales against a number of defendants (the TCI Class Action). The lead plaintiffs who are bringing the proceedings are Ms Raad, Ms Pollock, Ms Bruen, Ms Rowlands, Ms Knowland, Ms Rutherford, Ms Axen, Ms Zahr, Ms Love, Ms Gielisse, Ms Turner and Ms Sanchez (plaintiffs). The first four defendants are The Cosmetic Institute Pty Limited (in liquidation), TCI Bondi Pty Limited (in liquidation), The Cosmetic Institute Parramatta Pty Limited (in liquidation) and TCI Southport Pty Limited (in liquidation) (TCI companies). The fifth defendant is a plastic surgeon, Dr Eddy Dona (Dr Dona). The defendants who performed surgery at the TCI companies are Dona, Dr Niroshan Sivathasan, Dr Van Huu Anthony Nguyen, Dr Victor Lee, Dr Chi-Vien Duong (aka Charles Wong), Dr Anh Huy Tang, Napoleon Po-Han Chiu, Dr Daniel Kwok, Dr Pedro Miguel da Silva Valente, Dr Farheen Ali, Dr James Francis Christopher Kenny, Dr Sri Balakrishnan Darshn (the doctor defendants). The remaining defendants are Certain underwriters at Lloyd’s subscribing to policy no. 04012, Allied World Assurance Company Ltd and MDA National Insurance Pty Ltd (insurer defendants).
The proceedings concern allegations about breast augmentation surgery performed at the TCI companies’ premises or by the doctor defendants engaged and trained by the TCI companies and Dr Dona. Persons on whose behalf the proceeding has been brought are defined as “group members”. Group members include several sub-groups of women who were operated on by the same doctor defendant. For example, those group members who were operated on by Dr Sivathasan are all known as “Sivathasan sub-group members”. Each of the plaintiffs are lead plaintiffs for these sub groups. Ms Raad is the lead plaintiff for the Sivathasan Sub-Group.
You have previously received opt out and registration notices.
2. Why am I receiving this notice?
On 25 February 2024, an application was filed by the plaintiffs in the Supreme Court for leave to amend the statement of claim in the proceedings. Under this amendment, the plaintiffs no longer claim that the TCI companies, Dr Dona and the doctor defendants engaged in conduct that was misleading or deceptive, or likely to mislead or deceive.
The balance of the plaintiff’s claims against the TCI companies, Dr Dona and the doctor defendants is unchanged by the amendment.
The Supreme Court has granted leave for the plaintiffs to make this amendment to the statement of claim. A consequence is that, under a further order of the Supreme Court, from 6 May 2024 the limitation period will run again for any claim you may have against the TCI companies, Dr Dona, the doctor defendants and the insurer defendants for engaging in conduct that was misleading or deceptive, or likely to mislead or deceive. Up until that date, the limitation period for such a claim had been suspended.
The Supreme Court has directed that notice of the above orders be given to group members under section 175(5) of the Civil Procedure Act 2005 (NSW).
You are receiving this notice because you are a registered group member, having already registered your claim in relation to this class action.
3. What should group members do?
You do not need to do anything in response to this notice, unless you wish to bring your own separate proceedings against the TCI companies, Dr Dona, the doctor defendants and the insurer defendants for engaging in conduct that was misleading or deceptive, or likely to mislead or deceive.
If you are considering such a claim, you should seek legal advice as soon as possible as any right you may have to bring such a claim may be lost once the limitation period for that claim runs again from 6 May 2024.
4. Where can you obtain further information?
Please consider the above matters carefully. If you want further information, you can contact the plaintiffs’ solicitors, Turner Freeman Lawyers on (02) 8222 3333, or on the website (https://www.turnerfreeman.com.au/class-actions/). You can also seek your own legal advice. This notice is published pursuant to Orders made by the Supreme Court on 7 March 2024.