Cattanach v Melchior
| Jurisdiction | Australia Federal only |
| Judge | Gleeson CJ,McHugh,Gummow JJ,Kirby J,Hayne J,Callinan J,Heydon J |
| Judgment Date | 16 July 2003 |
| Neutral Citation | 2003-0716 HCA A,[2003] HCA 38 |
| Court | High Court |
| Docket Number | B22/2002 |
| Date | 16 July 2003 |
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68 cases
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Harriton v Stephens
...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......
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Magill v Magill
...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......
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Rees v. Darlington Memorial Hospital NHS Trust, (2003) 313 N.R. 135 (HL)
...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......
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ARB v Ivf Hammersmith Ltd R (Third Party)
... ... 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
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Wrongful birth and the assessment of damages
...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......
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Right of parents to plan their reproductive future
...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......
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Wrongful birth appeal: Breach and causation issues
...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 ......
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Loss of Chance and the End of Rufo v Hosking
...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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15 books & journal articles
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The 2017 Winterton Lecture. Sir Owen Dixon Today
...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]......
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THE PROTECTION OF PERSONAL INTERESTS
...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......
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The Australian High Court and Social Facts: A Content Analysis Study
...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......
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Table of cases
...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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