Waller v James
| Jurisdiction | Australia Federal only |
| Judge | Gleeson CJ,Gummow J,Kirby J,Hayne J,Callinan J,Heydon J,Crennan J |
| Judgment Date | 09 May 2006 |
| Neutral Citation | [2006] HCA 16,2006-0509 HCA B |
| Docket Number | S231/2005 and S232/2005 Matter No S232/2005 |
| Court | High Court |
| Date | 09 May 2006 |
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3 cases
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Harriton v Stephens
...decisions on wrongful life actions. Australian authorities on wrongful life actions 43 Other than the present case, and the appeals in Waller v James65, heard at the same time, there have only been three reported wrongful life actions brought in Australia. In each case, the plaintiff failed......
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Az v Accident Compensation Corporation
...23 24 25 26 27 28 29 Harriton (by her tutor Harriton) v Stephens [2006] HCA 15, (2006) ALR 391; and Waller (by his tutor Waller) v James [2006] HCA 16, (2006) ALR I note, however, that when Cumberland was considered in the High Court, Faire J observed, in obiter, that if the child were to c......
- Harriton (by her tutor) v Stephens
2 firm's commentaries
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A statutory right to wrongful life compensation? Toombes v Mitchell (UK)
...25 Above n 4, at [55]. 26 This example provided by the primary judge appears similar to the scenario in Waller v James (2006) 226 CLR 136; 226 ALR 457; [2006] HCA 16; 27 Harriton v Stephens (2006) 226 CLR 52; 226 ALR 391; [2006] HCA 15; BC200603032. The content of this article is intended t......
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Wrongful birth may give rise to damages for life
...risk of clots forming in the blood vessels. See http://emedicine.medscape.com/article/954688-overview 2 Waller v James; Waller v Hoolahan [2006] HCA 16 [52] 3 Ibid [53-54], [59-60] 4 A wrongful life case is one where a medical practitioner or health care organisation is sued by a severely d......
3 books & journal articles
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Table of cases
...403 Wallace v Thibodeau, [2008] NBJ No 417, 2008 NBCA 78 ................................ 106 Waller v James; Waller v Hoolihan, [2006] HCA 16 .......................................... 166 Walls v Mussens Ltd (1969), 2 NBR (2d) 131, 11 DLR (3d) 245 (SCAD) .......... 116 Walsh Estate v Coad......
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Special Topics in Negligence
...the wrongful life action, see Procanik v Cillo , 478 A 2d 755 (NJ 1984). 55 [2006] HCA 15 and Waller v James; Waller v Hoolihan , [2006] HCA 16. Special Topics in Negligence 167 have been in if the negligence had not taken place. In wrongful life claims this gives rise to a profound and una......
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Inaccurate Conception: ACB v Thomson Medical
...approach adopted by Lord Millett in McFarlane ibid, 114 and LordScott in Rees ibid at [140].51 n 3 above, 105.52 [2013] NSWSC 497; affd [2006] HCA 16; (2006) 226 CLR 136.53 ibid at [259].54 ibid at [265].55 [2009] 1 AC 61.56 This approach was not open in Singapore, as the principle propound......