Northridge v Central Sydney Area Health Service [2000] NSWSC 1241

Reported Decision : 50 NSWLR 549

New South Wales Supreme Court

CITATION : Northridge v Central Sydney Area Health Service [2000] NSWSC 1241 revised - 17/01/2001 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 10583/00 HEARING DATE(S) : 13/03/00; 15/03/00; 11/04/00; 18/04/00; 3/05/00; 1/06/00 JUDGMENT DATE : 29 December 2000

PARTIES : Annette Northridge v Central Sydney Area Health Service JUDGMENT OF : O'Keefe J

COUNSEL : BW Rayment QC and P Dwyer - Plaintiff D Higgs SC and D Inverarity - Defendant SOLICITORS : Stewart and Mills - Plaintiff Phillips Fox - Defendant CATCHWORDS : Medicine - Hospital - Medical treatment - Insensate patient - Patient treatment - Scope of - Vegetative state - Diagnosis - Need for standard and guidelines - Parens patriae jurisdiction of Supreme Court - Withdrawal of treatment and feeding - Not for Resuscitation Order - Practice - Relief - Costs - Common fund basis. Supreme Court Act 1970 s 22 Guardianship Act 1987 LEGISLATION CITED : Supreme Court Rules Pt 52 rr 1, 17, 30, 31, 33. Pt 63 r 4. 4 George IV c.96 Third Charter of Justice Re F (1990) 2 AC 26 Secretary Department of Health and Community Services v JWG and SMB (1991-92) 175 CLR 218 (Marion's Case) MAW v Western Sydney Area Health Service (1999) 49 NSWLR 231 Re Eve (1987) 31 DLR (4th) 1 CASES CITED : Re O'Hara (1970) AC 668 Degmam Pty. Ltd. (In Liq.) v Wright No.2 (1983) 2 NSWLR 354 Wentworth v Rogers (No.5) (1986) 6 NSWLR 534 Hobartville Stud Pty. Ltd. v Union Insurance Co. Ltd. (1991) 25 NSWLR 3581 Practice Note (1996) 4 All ER 766 DECISION : 1. Until further order, and whilst ever John Robert Thompson remains in a hospital or other institution within the area and under the control of the Defendant; (a) John Robert Thompson be provided with necessary and appropriate medical treatment directed towards the preserving of his life and the promoting of his good health and welfare; (b) no Not for Resuscitation Order be made in respect of John Robert Thompson without prior leave of the court.; 2. The Defendant to pay the Plaintiff's costs on a common fund basis.; 3. The proceedings to stand over generally with leave to restore on seven days notice.