Z v St Vincent’s Hospital Sydney Ltd [2024] NSWSC 1270

Supreme Court New South Wales

Medium Neutral Citation: Z v St Vincent's Hospital Sydney Ltd [2024] NSWSC 1270 Hearing dates: 9 October 2024 Decision date: 10 October 2024 Jurisdiction: Equity - Duty List Before: Hammerschlag CJ in Eq Decision: I order that the interim injunction granted by Hmelnitsky J on 3 October 2024 is dissolved, and make the following orders in its place: (1) The first and second plaintiffs, Baoshan Zhang and Runhua Ding, be appointed as guardians of Xinyi Zhang with the power and authority to make decisions as to the medical treatment of Xinyi Zhang, including whether she should be transferred to the care of Dr Zhuoqian Zhu, Associate Chief Physician, Department of Neurosurgery, at Huashan Hospital, Shanghai; (2) Up to and including 17 October 2024, the first and second plaintiffs are entitled to remove Xinyi Zhang from the care of the defendant and transfer her, whilst intubated, to mainland China for further medical treatment; (3) Up to and including 17 October 2024 or such earlier date as she may be removed as contemplated in order (2), Xinyi Zhang be provided with medical treatment towards preserving her life, including intubation but not including resuscitation; and (4) The defendant's responsibility for the care of Xinyi Zhang terminates upon her release into the custody of her parents under these orders. Catchwords: EQUITY – Parens patriae jurisdiction – Orders for medical life support to continue for a short time to enable the parents of an injured young woman to attempt to facilitate her transfer to a hospital in China Category: Principal judgment Parties: Baoshan Zhang (First Plaintiff) Runhua Ding (Second Plaintiff) Zihao Qin (Third Plaintiff) St Vincent's Hospital Sydney Ltd (Defendant) Representation: Counsel: D Allen (Plaintiffs) L Toose with RH Hood (Defendant)