NSW Caselaw
New South Wales Court of Appeal
CITATION: SWANSON v KEDESH REHABILITATION SERVICES LTD [2010] NSWCA 25
HEARING DATE(S): 2 & 15/03/2010
JUDGMENT DATE: 24 June 2010
JUDGMENT OF: Beazley JA at 1; Macfarlan JA at 2; Handley AJA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: Negligence - duty of care - drug rehabilitation - residential facility - voluntary program - alleged breach by omission - no duty to "ensure" safety of resident - resident going on leave without medication – self-harm while on leave - no failure of reasonable care.
CATEGORY: Principal judgment
CASES CITED: RTA v Dederer [2007] HCA 42, 234 CLR 330
PARTIES: A - Simon Swanson R - Kedesh Rehabilation Services Limited
FILE NUMBER(S): CA 2009/298162
COUNSEL: A - Mr M R Aldridge SC & Ms E Welsh R - Mr P Menzies QC & Ms K Burke
SOLICITORS: A - Brydens Law Office (Mr L Hagipantelis) R - Colin Biggers & Paisley (Mr G Creighton)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 5335/2004
LOWER COURT JUDICIAL OFFICER: Gibb DCJ
LOWER COURT DATE OF DECISION: 19/12/2008
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 09/298162
BEAZLEY JA MACFARLAN JA HANDLEY AJA
24 June 2010 SWANSON v KEDESH REHABILITATION SERVICES LIMITED CATCHWORDS
Negligence - duty of care - drug rehabilitation - residential facility - voluntary program - alleged breach by omission - no duty to "ensure" safety of resident - resident going on leave without medication – self-harm while on leave - no failure of reasonable care. HEADNOTE
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