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Law Portal| New South Wales v Commonwealth | |
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| High Court of Australia | |
| Citations | (2006) 226 CLR 52; [2006] HCA 15; (2006) 226 ALR 391 |
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| Judges sitting | Glesson CJ, Gummow, Kirby, Hayne, Callinan, Heydon & Crennan JJ |
| Case opinions | |
| (5:1) The doctor did not owe the child a duty of care. (per Gleeson CJ, Gummow, Callinan, Heydon & Crennan JJ; Hayne J not deciding; Kirby J dissenting) (6:1) The common law test for damages for negligence is incapable of application to a a situation where the comparison is between life with disabilities and a state of non-existence. (per Gleeson CJ, Gummow, Hayne, Callinan, Heydon & Crennan JJ; Kirby J dissenting) | |
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Law Portal |
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Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 52; (2006) 226 ALR 391 was a decision handed down in the High Court of Australia on 9 May 2006, which considered whether damages were claimable for medical negligence resulting in "wrongful life". The High Court, by a 6:1 majority, rejected such a claim.
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