X v The Sydney Children's Hospitals Network [2013] NSWCA 320

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: X v The Sydney Children's Hospitals Network [2013] NSWCA 320 Hearing dates: 17 September 2013 Decision date: 27 September 2013 Before: Beazley P at [1]; Basten JA at [9]; Tobias AJA at [80] Decision: (1) Grant leave to the applicants to appeal from the orders of Gzell J made in the Equity Division on 28 March 2013. (2) Direct that the applicants file a notice of appeal in the form contained in the white folder within 14 days. (3) Vary order 1 made in the Equity Division by deleting the words "until further order" and replacing them with "until 18 January 2014 or earlier order". (4) Otherwise dismiss the appeal. (5) No order as to the costs of the proceedings in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COURTS - jurisdiction - parens patriae - power of court to consent to medical treatment - whether power extends to a mature minor capable of consenting to medical treatment - relevant considerations - consent to administration of blood refused by minor on religious grounds - family subscribed to tenets of Jehovah's Witnesses

TORTS - trespass to person - medical treatment without consent - power of court to override refusal of consent by minor