NSW Caselaw
New South Wales Supreme Court
CITATION : Northern Sydney and Central Coast Area Health Service v CT by his Tutor ET [2005] NSWSC 551
HEARING DATE(S) : 26/05/05; 27/05/05; 01/06/05
JUDGMENT DATE : 10 June 2005
JUDGMENT OF : Nicholas J
DECISION : para 29
CATCHWORDS : parens patriae jurisdiction of court - intellectually disabled adult proposed as donor of blood stem cells to his brother - whether any person legally capable of authorising the medical procedures - whether in best interests of donor to authorise transplant procedures for benefit of his brother
Guardianship Act 1987 s 33A, s 33(1)(a), s 36(1)(a) LEGISLATION CITED : Human Tissue Act 1983 s 21Z
DoCS v Y [1999] NSWSC 644 Director General of the Department of Community Services v "BB" [1999] NSWSC 1169 GWW (husband) and CMW (wife) No. HB 1447 of 1996 (Family Court of Australia) Re F Mental Patient: Sterilisation [1990] 2 AC 1 CASES CITED : Re Heather [2003] NSWSC 532 Re Jane (1989) FLC 92-007 Re Jessica [2001] NSWSC 1207 Secretary, Department of Health & Community Services v JWB & SMB (Marion's case) (1992) 175 CLR 218
Northern Sydney and Central Coast Area Health Service - plaintiff PARTIES : CT by his Tutor ET - defendant
FILE NUMBER(S) : SC 3170/05
M B Evans - plaintiff COUNSEL : J R Kell solicitor - defendant
Patricia O'Farrell, Corporate Counsel, Northern Sydney and Central Coast Area Health Service Royal North Shore Hospital - Plaintiff SOLICITORS : Hunt & Hunt - Defendant
LOWER COURT JURISDICTION :
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