Hunter Area Health Service v Presland

The New South Wales Court of Appeal considered a claim in negligence brought by Mr Presland against the Hunter Area Health Service. Mr Presland alleged that the Health Service owed him a duty of care in its treatment of him as a psychiatric patient, and that a breach of this duty caused him harm. The Health Service contended that Mr Presland's own conduct, specifically his commission of criminal offences, precluded him from recovering damages.

The central legal issues before the Court of Appeal were the nature and content of the duty of care owed by a health service to a psychiatric patient, and whether the principle of *ex turpi causa non oritur actio* (from a dishonourable cause an action arises not) applied to bar Mr Presland's claim. The Court also had to consider the application of the *Mental Health Act 1900* (NSW) and the question of causation.

The Court found that while a health service does owe a duty of care to its psychiatric patients, the principle of *ex turpi causa* was applicable in this instance. Spigelman CJ, with whom Sheller and Santow JJA agreed, held that public policy dictated that a person should not be able to profit from their own criminal wrongdoing. Therefore, Mr Presland's claim was barred because the harm he suffered was a direct consequence of his own criminal acts, which were inextricably linked to the events for which he sought compensation.

The Court allowed the appeal, setting aside the verdict and judgment for the plaintiff. In lieu thereof, a verdict and judgment were entered for the defendants, the Hunter Area Health Service. Mr Presland was ordered to pay the defendants' costs of the trial and the appeal, with a provision for a certificate under the *Suitors' Fund Act 1951* if he was otherwise entitled.