Cattanach v Melchior

JurisdictionAustralia Federal only
JudgeGleeson CJ,McHugh,Gummow JJ,Kirby J,Hayne J,Callinan J,Heydon J
Judgment Date16 July 2003
Neutral Citation2003-0716 HCA A,[2003] HCA 38
CourtHigh Court
Docket NumberB22/2002
Date16 July 2003
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68 cases
  • Harriton v Stephens
    • Australia
    • High Court
    • 9 May 2006
    ...given by her Honour. 3 Gummow J. The appeal should be dismissed with costs. 4 I agree with the reasons of Crennan J. 5 Kirby J. In Cattanach v Melchior1 this Court decided that the parents of an unplanned child, born following the negligence of a medical practitioner, could claim damages fo......
  • Magill v Magill
    • Australia
    • High Court
    • 9 November 2006
    ...of their marriage. In that sense, the issues here lie at the frontiers of tortious liability, as they did in Tame v New South Wales31, Cattanach v Melchior32 and Harriton (by her Tutor George Harriton) v Stephens33. The treatment by this Court of the issues presented on those appeals illust......
  • Rees v. Darlington Memorial Hospital NHS Trust, (2003) 313 N.R. 135 (HL)
    • Canada
    • 16 October 2003
    ...Hospital NHS Trust, [2001] EWCA Civ 530; [2002] Q.B. 266 (C.A.), refd to. [paras. 1, 25, 54, 87, 100, 144]. Cattanach v. Melchior, [2003] HCA 38 (Aus. H.C.), affd. [2001] Q.C.A. 246 (Queensland S.C.), refd to. [paras. 2, 32, 51, Emeh v. Kensington and Chelsea and Westminster Area Health Aut......
  • ARB v Ivf Hammersmith Ltd R (Third Party)
    • United Kingdom
    • Queen's Bench Division
    • 6 October 2017
    ... ... As Gleeson CJ observed in Cattanach v Melchior [2003] HCA 38 (18 July 2003), para 6, the fundamental value which is attached to human life is an ethical, not an economic, concept and ... ...
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7 firm's commentaries
  • Wrongful birth and the assessment of damages
    • Australia
    • Mondaq Australia
    • 8 March 2023
    ...dicta, considered that to make such an award would be inconsistent with the decision of a majority of the judges in Cattanach v Melchior [2003] HCA 38; 215 CLR The second is whether or not parents of a disabled child are limited in the damages that may be recovered for negligence to the per......
  • Right of parents to plan their reproductive future
    • Australia
    • Mondaq Australia
    • 29 January 2016
    ...the loss and damage which they were suffering as a result of Keeden's disabilities. Footnotes 1Waller v James [2015] NSWCA 232 at [6] 2[2003] HCA 38 3Cattanach v Melchior [2003] HCA 38 at [68] 4See [347] for a detailed discussion 5[1992] HCA 58 6These duties were discussed in Rogers v Whita......
  • Wrongful birth appeal: Breach and causation issues
    • United States
    • LexBlog United States
    • 13 February 2020
    ...dicta, considered that to make such an award would be inconsistent with the decision of a majority of the judges in Cattanach v Melchior [2003] HCA 38; 215 CLR 1. The second is whether or not parents of a disabled child are limited in the damages that may be recovered for negligence to the ......
  • Loss of Chance and the End of Rufo v Hosking
    • Australia
    • Mondaq Australia
    • 7 April 2010
    ...similar way as a number of Australian parliaments intervened following the High Court's 'wrongful birth' decision in Cattanach v Melchior [2003] HCA 38. Although the point was not the subject of argument before the Court of Appeal, the Court observed that it would be inappropriate for the c......
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18 books & journal articles
  • The 2017 Winterton Lecture. Sir Owen Dixon Today
    • Australia
    • University of Western Australia Law Review No. 43-1, January 2018
    • 1 January 2018
    ...further, Woods v Multisport Holdings Pty Ltd (2002) 208 CLR 460, [64]-[70] per McHugh J; [2002] HCA 9. 163 (2003) 215 CLR 1, [55]-[78]; [2003] HCA 38. 164 ‘Concerning Judicial Method’ in Woinarski (ed), Jesting Pilate (1965) 152; 29 Australian Law Journal 468. 165 (2012) 245 CLR 355; [2012]......
  • THE PROTECTION OF PERSONAL INTERESTS
    • Singapore
    • Singapore Academy of Law Journal No. 2015, December 2015
    • 1 December 2015
    ...for its upbringing. The claimant has since appealed against Choo J's judgment, and the decision of the Court of Appeal is pending. 12(2003) 199 ALR 131; [2003] HCA 38. 13 See, eg, the Civil Law (Wrongs) Act 2002 (ACT); Civil Liability Act 2002 (NSW); and Civil Liability Act 2003 (Qld). 14 S......
  • The Australian High Court and Social Facts: A Content Analysis Study
    • United Kingdom
    • Sage Federal Law Review No. 40-3, September 2012
    • 1 September 2012
    ...are clearly apparent to other researchers. 64 For example Manley v Alexander (2005) 223 ALR 228. 65 For example Cattanach v Melchior (2003) 215 CLR 1. 66 Where more than one SF about the same subject matter occurred in a single numbered paragraph of a judgment, they were coded as a single S......
  • Table of cases
    • Canada
    • Irwin Books The Law of Torts. Sixth Edition
    • 25 June 2020
    ...in Right of Ontario, 2014 ONSC 3620, [2014] CarswellOnt 8428 ............................................... 237 Cattanach v Melchior, [2003] HCA 38 ............................................................... 168 CC v AW, 2005 ABQB 290 .........................................................
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