Cattanach v Melchior

JurisdictionAustralia Federal only
CourtHigh Court
JudgeGleeson CJ,McHugh,Gummow JJ,Kirby J,Hayne J,Callinan J,Heydon J
Judgment Date16 Jul 2003
Neutral Citation2003-0716 HCA A,[2003] HCA 38
Docket NumberB22/2002
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45 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......
  • Bridget Byrne v Ryan
    • Ireland
    • High Court
    • 20 June 2007
    ...developments which had taken place in the meantime in other countries and in particular the Australian case of Cattanach v. Melchior [2003] H.C.A. 38. 191 Perhaps the most useful speech from those in the majority in the Rees case is that of Lord Bingham of Cornhill. In reviewing the decisio......
  • XX v Whittington Hospital NHS Trust
    • United Kingdom
    • Supreme Court
    • 1 April 2020
    ...offend the community's sense of how public resources should be allocated. Kirby J was surely right to suggest in Cattanach v Melchior [2003] HCA 38, para 178) that: ‘Concern to protect the viability of the National Health Service at a time of multiple demands upon it might indeed help to ex......
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4 firm's commentaries
  • Right of parents to plan their reproductive future
    • Australia
    • Mondaq Australia
    • 29 January 2016
    ...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 Whitaker [1992] HCA 58 at 483 and 490, an......
  • 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......
  • Obstetrics and Women's Health
    • Australia
    • Mondaq Australia
    • 7 April 2010
    ...the past and future costs associated with raising and maintaining the child until the child reaches the age of 18: Cattanach v Melchior [2003] HCA 38. In the recent Supreme Court of the Australian Capital Territory, Court of Appeal case of G and M v Armellin [2009] ACTCA 6 (G and M v Armell......
  • Wrongful birth damages – Two more difficult questions
    • Australia
    • Mondaq Australia
    • 2 April 2018
    ...million or £9 million), Meadows v Khan may find its way to the Court of Appeal of England and Wales. Footnotes i Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1. ii G and M v Armellin [2009] ACTCA 6. iii G and M v Armellin [2006] ACTSC 68, [216] iv For example, a stroller able to accom......
6 books & journal articles
  • The Australian High Court and Social Facts: A Content Analysis Study
    • United Kingdom
    • Federal Law Review Nbr. 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......
  • The 2017 Winterton Lecture. Sir Owen Dixon Today
    • Australia
    • University of Western Australia Law Review Nbr. 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]......
  • Should advocates' immunity continue?
    • Australia
    • Melbourne University Law Review Vol. 28 Nbr. 1, April - April 2004
    • 1 April 2004
    ...Van Erp (1997) 188 CLR 159; Pyrenees Shire Council v Day (1998) 192 CLR 330. See also the more recent decision of Cattanach v Melchior (2003) 199 ALR 131. (271) [1932] AC (272) Ibid 580. (273) The most graphic example is Sullivan v Moody (2001) 207 CLR 562. The Court stated that proximity '......
  • Courts and Social Change
    • United Kingdom
    • Federal Law Review Nbr. 33-3, September 2005
    • 1 September 2005
    ...Compare the comments of Callinan J in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2002) 208 CLR 199, 336–7. 36 (2003) 215 CLR 1. The issue was whether a couple who had become parents of an unplanned child as a consequence of medical negligence could recover as damages th......
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