Swanson v Kedesh Rehabilitation Services Ltd

The appellant, Ms. Swanson, brought proceedings against the respondent, Kedesh Rehabilitation Services Ltd, alleging negligence. Ms. Swanson was a resident in Kedesh's voluntary residential drug rehabilitation program. She left the facility without her prescribed medication and subsequently self-harmed. Ms. Swanson contended that Kedesh owed her a duty of care and had breached that duty by failing to prevent her from leaving without her medication, thereby causing her harm. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether Kedesh owed Ms. Swanson a duty of care to "ensure" her safety, and if so, whether that duty had been breached. Specifically, the court had to determine if Kedesh's actions or omissions in relation to Ms. Swanson's departure from the facility without her medication fell below the standard of reasonable care expected of such an institution.

The Court of Appeal found that Kedesh did not owe a duty to "ensure" the safety of its residents. Instead, the duty of care owed by a facility like Kedesh was to take reasonable steps to prevent foreseeable harm. The court reasoned that Ms. Swanson was a voluntary participant in the program and had the capacity to make her own decisions. While Kedesh had a duty to provide a safe environment and appropriate care, this did not extend to physically restraining a resident or preventing them from leaving, particularly when there was no specific indication that she posed an immediate danger to herself or others. The court concluded that Kedesh had not failed to exercise reasonable care in its management of Ms. Swanson's participation in the program.

The appeal was dismissed, and Ms. Swanson was ordered to pay Kedesh's costs.