H v RJ [2024] NSWSC 1404

Supreme Court New South Wales

Medium Neutral Citation: H v RJ [2024] NSWSC 1404 Hearing dates: 4 November 2024 Date of orders: 4 November 2024 Decision date: 04 November 2024 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: Declare that the medical practitioners may administer a blood transfusion to RJ if they are of the opinion that a blood transfusion is necessary Catchwords: PARENS PATRIAE – 16 year old boy has heart condition necessitating urgent treatment – In the unlikely event of a difficulty (with the procedure) where bleeding is involved a blood transfusion might be required – The child's parents and the child oppose blood transfusion on religious grounds – HELD the welfare and best interests of the child require the refusal of consent to be overridden – Obiter observations on the relevance, if any, of s 174 of the Children and Young Persons (Care and Protection) Act 1998 to the exercise of parens patriae jurisdiction Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: H v AC [2024] NSWSC 40 Hunter New England Local Health District v C [2024] NSWSC 929 X v the Sydney Children's Hospital Network (2013) 85 NSWLR 294 Category: Principal judgment Parties: H (Plaintiff) RJ (First Defendant) The Mother (Second Defendant) The Father (Third Defendant) Representation: Counsel: K Kumar (Plaintiff) P Guterres (First Defendant) EJ Engwirda (Second and Third Defendant)