The case related to the construction of section 59 of the Wrongs Act, and whether a statutory defence for medical practitioners in common law negligence existed. Mr Justice Macaulay concluded that it did. Toula Brakoulias was a 50 year woman who was placed on Reductil by her doctor, Dr Karunaharan, for weight loss. Four months after being placed on the drug, Mrs Brakoulias had a cardiac arrest, was deprived of oxygen for 26 minutes, and suffered serious and long term injuries. Mrs Brakoulias said that Dr Karunaharm was negligent in prescribing her the medication. Liability was the only issue. The proper construction of section 59 was considered for the first time by the Supreme Court of Victoria. Counsel for both parties put forward a series of arguments regarding the parties’ legal burden depending on the different constructions of section 59. His honour concluded that there were three possible approaches to the section; the exclusive standard approach, the evidentiary burden approach, and the defence approach, which he chose.