Hospital v Baby M [2020] NSWSC 1481

Supreme Court New South Wales

Medium Neutral Citation: Hospital v Baby M [2020] NSWSC 1481 Hearing dates: 15 October 2020 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Equity Before: Rees J Decision: Note consent of parents' to surgery on baby; decline to make declarations. Catchwords: Parens patriae – hospital seeks authority for surgery on baby – parents give consent before hearing – whether Court should make declarations authorising surgery – nature of jurisdiction at [3]-[10] – where parents now consent, no need for Court to exercise parens patriae jurisdiction – importance of parents continuing to make these difficult decisions. Cases Cited: Director-General, Department of Community Services; Re Jules (2008) 40 Fam LR 122; [2008] NSWSC 1193 J v C [1970] AC 668 R v Gyngall [1893] 2 QB 232 Re Joel [2013] NSWSC 1299 Re O'Hara [1900] 2 IR 232 Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218; [1992] HCA 15 The Hospital v S (a minor) [2019] NSWSC 642 Wellesley v The Duke of Beaufort (1827) 2 Russ 1 Category: Principal judgment Parties: Hospital (Plaintiff) Baby M (First Defendant) The Mother (Second Defendant) The Father (Third Defendant) Representation: Counsel: Mr Windsor SC (Plaintiff) Ms T Stevens (First Defendant) Mr A Cheshire SC (Second and Third Defendants)