Royal Alexandra Hospital for Children trading as Children's Hospital at Westmead v J & Ors [2005] NSWSC 465

New South Wales Supreme Court

CITATION : Royal Alexandra Hospital for Children trading as Children's Hospital at Westmead v J & Ors [2005] NSWSC 465

HEARING DATE(S) : 11/05/05

JUDGMENT DATE : 11 May 2005

JURISDICTION : Equity Division

JUDGMENT OF : Einstein J

DECISION : Orders made [see paragraph 51]

CATCHWORDS : Family Law and child welfare - Child welfare other than under Family Law Act 1975 and related Acts - Supreme Court - Parens patriae jurisdiction in relation to welfare of children - Blood transfusion for child over 16 years of age - Orders sought by hospital to administer blood transfusion to a Jehovah's Witness child-Whether order should be made in opposition to parents and child's wishes - Significance of express opposition of child to treatment - Supreme Court Rules - Orders for appointment of tutor to disable person

Children and Young Persons (Care and Protection) Act 1998 (NSW) LEGISLATION CITED : Supreme Court Rules 1970 (NSW)

Director General of the Department of Community Services v "BB" [1999] NSWSC 1169 DoCS v Y [1999] NSWSC 644 CASES CITED : Re Heather; Director-General, Dept of Community Services v 'M' [2003] NSWSC 532. Re Jessica [2001] NSWSC 1207 Royal Alexandra Hospital v Joseph & Ors [2005] NSWSC 422

Royal Alexandra Hospital for Children trading as Children's Hospital at Westmead (Plaintiff) J (First Defendant) PARTIES : J's father (Second Defendant) J's mother (Third Defendant)

FILE NUMBER(S) : SC 2659/05

Mr Ian Harrison SC (Plaintiff) COUNSEL : First Defendant (no appearance) Second and Third Defendants in person