Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DJA18 as litigation representative for DIZ18 v Minister for Home Affairs [2018] FCA 1050 File number: VID 776 of 2018
Judge: MURPHY J
Date of judgment: 11 July 2018
Catchwords: PRACTICE AND PROCEDURE – application for urgent interlocutory injunction to remove the applicant from Papua New Guinea in order to receive appropriate paediatric healthcare treatment – application brought on behalf of two year old girl suffering from herpes encephalitis – duty of care to provide adequate healthcare accepted by respondents – initial recommendation for medical evacuation to Australia – subsequent request by Australian Border Force to transfer to Papua New Guinea – medical evidence that standard of care requires MRI brain scan and electroencephalogram without delay – capability for these tests not presently available in Papua New Guinean hospital – whether serious question to be tried that adequate healthcare requires transfer of child to Australia – balance of convenience accepted to lie with the applicant – injunction granted requiring urgent transfer of child to Australia to undergo recommended tests and receive ongoing monitoring from paediatric neurologist.
Cases cited: AYX18 v Minister for Home Affairs [2018] FCA 283 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 Films Rover International Ltd v Cannon Film Sales Ltd [1986] 3 All ER 772 DCQ18 v Minister for Home Affairs [2018] FCA 918 FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63 MZYYR v Secretary, Department of Immigration and Citizenship (2012) 292 ALR 659; [2012] FCA 694 Plaintiff S99/2016 v Minister for Immigration and Border Protection (2016) 243 FCR 17; [2016] FCA 483 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156 Secretary, Department of Immigration and Multicultural and Indigenous Affairs v Mastipour (2004) 207 ALR 83; [2004] FCAFC 93
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