H v OL [2024] NSWSC 271

Supreme Court New South Wales

Medium Neutral Citation: H v OL [2024] NSWSC 271 Hearing dates: 18 March 2024 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Equity Before: Elkaim AJ Decision: 1. The court declares, until further order, that the staff, employed or contracted to H may lawfully provide the medical, nursing, and other supportive treatment to OL in treatment of her acute lymphoblastic leukaemia. 2. The court notes that the hospital staff will engage with OL's parents to ensure they are consulted throughout the treatment. 3. The matter is listed for mention on 14 June 2024. 4. All parties have liberty to restore on 48 hours' notice to the other parties and to the court. Catchwords: CHILD WELFARE – Jurisdiction – Supreme Court of NSW – Parens patriae – 14 year old child diagnosed with Pre B Acute Lymphoblastic Leukemia – Where the child has a number of underlying health conditions – The Parents would prefer that there be no treatment for the Leukemia and the child be allowed to die at home so that the child may avoid the pain and suffering of the treatment – Hospital sought order authorising treatment – Order made for authorisation of treatment Cases Cited: DoCS v Y [1999] NSWSC 644 H v AC [2024] NSWSC 40 Minister for Health v AS [2004] 286 Re Ryder [2020] NSWSC 895 Texts Cited: Furzer Crestani personal injury assessment handbook, online ed accessed 18 March 2024 Category: Principal judgment Parties: H (Plaintiff) OL (First Defendant) The Mother (Second Defendant) The Father (Third Defendant) Representation: Counsel: Ms K Kumar (Plaintiff) Mr P Guterres (First Defendant) Ms E Lambert (Second Defendant) Mr S Tierney (Third Defendant) (Solicitor)