Cattanach & Anor v Melchior

In *Cattanach & Anor v Melchior*, the High Court of Australia considered an appeal concerning the damages awarded to a woman who underwent a sterilisation procedure that was negligently performed, resulting in an unwanted pregnancy and the birth of a healthy child. The appellants were the medical practitioners who performed the procedure, and the respondent was the mother of the child. The core of the dispute revolved around whether the respondent was entitled to recover damages for the costs associated with raising the child.

The central legal issue before the High Court was whether the respondent could claim damages for the costs of raising a healthy child born as a result of a negligently performed sterilisation procedure. This question necessitated an examination of the principles of causation and the assessment of damages in negligence, particularly in the context of an unwanted birth. The court had to determine whether the birth of a healthy child constituted a compensable injury in law, and if so, what damages were recoverable.

Gaudron and Kirby JJ, in their joint judgment, affirmed the principle that damages for the costs of raising a healthy child are recoverable in cases of negligent sterilisation. They reasoned that the law should not presume that the birth of a healthy child is a benefit that outweighs the costs and burdens of raising that child, especially when the pregnancy was unintended and the sterilisation procedure was meant to prevent it. The court applied the principles of causation, finding that the negligent performance of the sterilisation procedure directly caused the unwanted pregnancy and birth. They rejected the argument that the birth of a healthy child should be considered a "benefit" that offsets the damages, asserting that the law should not impose a value judgment on the desirability of a child's existence. The court held that the respondent was entitled to recover the costs of raising the child, subject to the usual principles of assessment in negligence.