The Hospital v S (a minor) [2019] NSWSC 642

Supreme Court New South Wales

Medium Neutral Citation: The Hospital v S (a minor) [2019] NSWSC 642 Hearing dates: 3 and 10 May 2019 Date of orders: 10 May 2019 Decision date: 03 June 2019 Jurisdiction: Equity Before: Robb J Decision: (1) Declare that the Plaintiff, by its responsible medical practitioners and staff, may lawfully discontinue all life sustaining treatment and medical support measures (including withdrawal of mechanical positive pressure ventilation) designed to keep the First Defendant alive in his current state.

(2) Declare that, once (1) has taken place, medical services to be provided at the Hospital to the First Defendant be limited to palliative measures specifically aimed toward comfort, pain relief and relief of anxiety or torment.

(3) Declare that it be lawful for the Hospital to direct a "no cardiopulmonary resuscitation order" in respect of the First Defendant. Catchwords: CHILD WELFARE — Inherent parens patriae jurisdiction of the NSW Supreme Court — Involvement of the Court in the making of end-of-life decisions for a child Legislation Cited: Mental Capacity Act 2005 (UK) Cases Cited: Airedale NHS Trust v Bland [1993] AC 789 Director-General, Department of Community Services; Re Jules [2008] NSWSC 1193 Marion's Case (1992) 175 CLR 218; [1992] HCA 15 Melo v Superintendent of Royal Darwin Hospital (2007) 21 NTLR 197; [2007] NTSC 71 Messiha v South East Health [2004] NSWSC 1061 NHS Trust v Y (Intensive Care Society and others intervening) [2019] 1 All ER 95; [2018] UKSC 46 Northridge v Central Sydney Area Health Service (2000) 50 NSWLR 549; [2000] NSWSC 1241 Slaveski v Austin Health [2010] VSC 493 TS & DS v Sydney Children's Hospital Network ("Mohammed's Case") [2012] NSWSC 1609 W (by her litigation friend, B) v M (by her litigation friend, the Official Solicitor) [2011] EWHC 2443 (Fam) Category: Principal judgment Parties: The Hospital (Plaintiff) S (a minor) (First Defendant) The Mother (Second Defendant) The Father (Third Defendant) Representation: Counsel: S Kettle (Plaintiff) A Cheshire SC (Second and Third Defendants)