Thu, 17 Jul 2003 17:50:16 +1000
High Court of Australia yesterday in
v Melchior  HCA 38,
by a majority of 4:3, decided to allow a couple to keep damages awarded
to them for the cost of rearing a healthy child after a failed sterilisation.
This, of course, is contrary to McFarlane
v Tayside Health Board  2 AC 59 (HL) and Kealey v Berezowski
(1996) 136 DLR 708. They refused to allow any set-off of 'benefits' derived
from the child. The case is 168 pages long, so be warned! You can find
it at <http://www.austlii.edu.au/au/cases/cth/high_ct/2003/38.html>
The link at AUSTLII mis-spells the plaintiffs' name.
The University of Melbourne,
+61 3 8344-6187
Home phone: +61 3 9387-4662
Fax: +61 3 9347-2392
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