Deirdre Mary Lane & Anor v Northern NSW Local Health District (Formerly Known As North Coast Area Health Service)

[2014] HCASL 240

DEIRDRE MARY LANE & ANOR

v

NORTHERN NSW LOCAL HEALTH DISTRICT (FORMERLY KNOWN AS NORTH COAST AREA HEALTH SERVICE)

[2014] HCASL 240
S223/2014

1. On 10 March 2007, the applicants' mother ("Mrs Lane") had a seizure.  The respondent is the entity responsible for the hospitals at which she was treated from that date until her death on 24 March 2007.  The applicants brought proceedings alleging negligent mistreatment of Mrs Lane at the hospitals and claiming damages for psychiatric injuries said to have resulted from that negligence.

2. On 15 February 2013, the District Court of New South Wales (Williams DCJ) entered verdicts for the respondent.  Williams DCJ was not satisfied that the applicants had established any negligence on the part of the respondent, nor any quantifiable resulting damage.

3. On 22 July 2014, the Court of Appeal of the Supreme Court of New South Wales (Basten and Meagher JJA, and Simpson J) dismissed the applicants' appeal.  Their Honours considered that the evidence that the steps taken in the treatment of Mrs Lane were both reasonable and appropriate was overwhelming.  Their Honours also found that the applicants' challenge to the validity of the consent given by Mrs Lane's guardian to her treatment was misconceived.  The applicants failed to otherwise demonstrate error by the trial judge.

4. The applicants seek special leave to appeal to this Court.  Much of the applicants' written case proceeds from the misconceived challenge to the consent given by Mrs Lane's guardian.  No question of principle falls for determination in this application.  The applicants have insufficient prospects of success to warrant a grant of special leave to appeal.  Special leave to appeal is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
11 December 2014 P.A. Keane