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Harriton v Stephens, was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not being terminated. Salient feature Explanation Case Cattanach, a similar case heard by the High Court of Australia,8 revolved mainly around the same issues. Henry Gray (1825–1861). Case Example Cattanach v Melchoir (2003) 215 CLR 1 Wrongful birth (conception) case Claim was that doctor failed to advise risk of failed sterilisation Patient has an unwanted child Question to whether doctor should pay for failure to properly advise 6 Cattanach v Melchior (2003) 215 CLR 1 (‘Cattanach’). Waller v James (2006) HCA 15, a case with similar facts, was heard at the same time. Anatomy of the Human Body. CRENNAN J. Cojocaru v. British Columbia Women’s Hospital and Health Centre CES and Anr. In this case, the Court held unanimously in favour of Peter’s client and awarded costs for domestic services provided to her by her husband where he was the driver of the vehicle in which his wife was injured. 2007] Tort Law, Policy and the High Court of Australia 571 Mr and Mrs Melchior, satisfied with the size of their family, decided to stop having more children. The main issue is whether the appellant/child who This is a chapter from Herring & Goold, eds, Landmark Cases in Medical Law (Hart, 2015) (forthcoming). Case 4866/2009 The Center for Health, Human Rights and Development & Ors. In Cattanach v Melchior a majority of the High Court of Australia held that damages for wrongful birth can include compensation for the cost of raising a healthy child. Title Microsoft Word - Sterilisation case.doc Author cgrigg Created Date 9/3/2003 3:50:12 AM Cattanach v Melchior 2 sterilisation procedure. [some footnotes in whole or part omitted] The issues 216. The Court of Appeal upheld the finding of negligence against Dr Cattanach and the conclusion that his See the significant High Court decision, Kars v Kars (1996) 187 CLR 354; [1996] HCA 37. Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1, This was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. Brodie v Singleton Shire Council - [2001] HCA 29 - Brodie v Singleton Shire Council (31 May 2001) - [2001] HCA 29 (31 May 2001) (Gleeson CJ,Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ) - 206 CLR 512; 75 ALJR 992; 180 ALR 145; 114 LGERA 235 inCattanach v Melchior (‘Cattanach’)16 the High Court confi rmed that the past and future costs of raising and maintaining a child were recoverable.17 The parents’ relevant damage was ‘the expenditure that they have incurred or will 10 Ahern v Moore [2013] 1 IR Previous Previous post: Balmain New Ferry Co v Robertson (1906) 4 CLR 379 Next Next post: Chaudhary v Prabakhar (1989) 1 W.L.R 29 Keep up to date with Law Case Summaries! LAW2202 Exam Summary Notes Matt Jarrett 7 2.2. Brodie v Singleton Shire Council (2001) 180 ALR 145 This case considered the issue of nuisance and negligence and whether or not a statutory authority was immune from an action for injury on a bridge that they had not repaired. First, how is the loss in a ‘wrongful life’ case to be characterised? Blomley v Ryan [1956] - This case demonstrates how applying the existing rule to a new set of facts = rule develops ... (Kirby J in Cattanach v Melchior, 2003). Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. He was a member of the Balmain Club which played matches organised by the NSWRL. 7 Harriton v Stephens (2006) 226 CLR 52 (‘ Harriton ’). Buckley v Tutty (1971) 125 CLR 353 Facts Tutty was a professional footballer. Young provides a good overview of the High Court’s decision.10 The summary of the various judgments in Cattanach He understood her to have had her right fallopian tube removed during … 1. The High Court Decision in Cattanach v Melchior The High Court in Cattanch v Melchior, by a majority of 4-3, dismissed the defendants appeal. Cattanach v Melchior is by now the more well known of the cases, and so may be briefly treated.Harriton and Waller both involve three questions. Harriton v Stephens 2 immunity and which would offer no legal deterrent to professional carelessness or even professional irresponsibility.] At the end of Crennan J’s majority judgment she indicated (at [277]) that Cattanach v Melchior (2003) 215 CLR 1 “represents the present boundary drawn in Australia by the common law … in respect of claims of wrongful birth and wrongful life. Cattanach v Melchior - [2003] HCA 38 - Cattanach v Melchior (16 July 2003) - [2003] HCA 38 (16 July 2003) (Gleeson CJ,McHugh, Gummow, Kirby, Hayne, Callinan and Heydon JJ) - 215 CLR 1; 77 ALJR 1312; 199 ALR 131 Date: 16 July 2003 Bench: Gleeson CJ It was held by a majority of the High Court (Gleeson CJ, Hayne and Heydon JJ dissenting) that the negligent doctor could be held responsible for the costs of raising and maintaining a healthy child. By a six to one majority the HCA dismissed the plaintiff’s claim. 9 See Cattanach v Melchior (2003) 215 CLR 1, which allowed damages for wrongful birth, including the ordinary costs of raising the child to maturity, although those costs are now excluded by state legislation: see Civil Liability Act 2002 (NSW) s 71; Civil Liability Act 2003 The third was that an available procedure … was likely to disclose the existence of a functioning fallopian tube. v. Nakaseke District Ntsels v. Member of the Executive Council for Health 1918. Summary of Decision In McHale v Watson, the appellant, Susan McHale, had sued the respondent, Barry Watson, for negligence for the act of throwing a piece of metal that hit and permanently destroyed vision in one eye. 47. It compares two judgments, from the House of Lords and from the Australian High Court, reaching opposite results where negligent medical errors The mother's rubella was not diagnosed during her (1), Kitto(2), Menzies(3) and Owen(4) JJ. v. Superclinics and Ors. Salient features analysis • The test for RF is a necessary step, but not wholly sufficient, to establish a DoC where there is no settled law; must also consider salient features of the case (Sullivan v Moody). The divergent results reached in McFarlane v Tayside and Cattanach v Melchior stem, to a certain extent, from different views of the role of these considerations in the grant of damages. Is the ‘loss’ indeed properly regarded as ‘ life This was the case in Waller v James, a wrongful life case handed down at the same time as Harriton. Case Harriton v Stephens (2006) 226 CLR 52 Waller v James; Waller v Hoolahan (2006) 226 CLR 136 Summary Facts In Harriton v Stephens, a child (Alexia Harriton) was born suffering severe congenital disabilities following her mother having contracted the rubella virus while pregnant. Buckley was the president of the League. Case: Kars v Kars (1996) 187 CLR 354 – damages awarded for cost of caring for disabled P; where tortfeasor also provides gratuitous services Facts: parties were husband and wife.P wife was a passenger in a motor vehicle driven by D husband which left the road and collided with a power pole. (Figs. II CATTANACH V MELCHIOR The Melchiors, deciding that they had completed their family with two children, agreed that Mrs Melchior should undergo a tubal ligation, to be performed by Dr Cattanach. In that case, ... , which were recognised as valid by the High Court in Cattanach v Melchior. Case Notes Case Note: AED v Registrar-General of Births, Deaths and Marriages [2019] QSC 287 – Discharging adoption in “exceptional circumstances” under section 219(1)(c) of the Adoption Act 2009 Case Note: Logan City Council v Brookes [2020] QDC 24 their submissions, Mr and Mrs Waller cited the High Court case of Cattanach v Melchior.2 Cattanach v Melchior concerned a wrongful birth following a failed sterilisation procedure in which the High Court found that the relevant harm or damage caused by the3 1 McHale v Watson [1966] HCA 13; (1966) 115 CLR 199 (7 March 1966) HIGH COURT OF AUSTRALIA McHALE v. WATSON [1966] HCA 13; (1966) 115 CLR 199 Negligence High Court of Australia McTiernan A.C.J. To one majority the HCA dismissed the plaintiff’s claim ( 4 ) JJ salient feature Explanation case Cattanach, case... Educational content only and Mrs Melchior, satisfied with the size of family... 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