Kirby J suggested: ‘Concern to protect the viability of the National Health Service at a time of multiple demands upon it might indeed help to explain the invocation in the House of Lords in McFarlane of the notion of ‘distributive justice’.’
Kirby J suggested: ‘Concern to protect the viability of the National Health Service at a time of multiple demands upon it might indeed help to explain the invocation in the House of Lords in McFarlane of the notion of ‘distributive justice’.’
Judges:
Mchugh, Gummow, Kirby, Hayne, Callinan and Heydon Jj
Citations:
[2003] HCA 38, 215 CLR 1, 199 ALR 13, 77 ALJR 1312
Links:
Jurisdiction:
Australia
Cited by:
Cited – Rees v Darlington Memorial Hospital NHS Trust HL 16-Oct-2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only . .
Cited – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 11 October 2022; Ref: scu.186891
