The respondent was charged with maliciously inflicting grievous bodily harm to Kylie Flick with intent to do grievous bodily harm. Prior to the crime, the respondent and Ms. Flick engaged in a single act of consensual sexual intercourse after which Ms. Flick became pregnant. The respondent sought to persuade Ms. Flick to have an abortion, …Read more

This case was brought by the Public Advocate of Victoria as limited guardian of BWV, a woman aged 68 years, suffering from a fatal form of dementia (most likely Pick’s disease). At the time of bringing the case, BWV had not appeared conscious, nor had she had any cortical activity for approximately three years. Evidence …Read more

The Bakhtiyaris, Afghani nationals, had illegally entered Australia and had been detained in a detention center. Two of the children were released into the hands of Adelaide caretakers where they remained. The Bakhtiyari family subsequently filed a complaint that their prolonged detention violated article 9 (1) (right to liberty and security of person) of the …Read more

The author challenges the refusal of his visa application as a violation of his right to equality before the law as provided for in article 26 (equal before law) of the International Convenant on Civil and Political Rights (the Covenant) in addition to article 2, paragraph 3, (right to remedy); article 14, paragraph 1 (right …Read more

Petitioner claimed a breach of Article 7 (freedom from torture, cruel, inhuman or degrading treatment and punishment) and Article 9, particularly Article 9(1) (right to liberty and security of person) and Article 9(4) (a person deprived of liberty’s right to fair trial) of the International Covenant on Civil and Political Rights (ICCPR) when he was …Read more

N, a cane cutter, was arrested on charges of having unlawful sexual intercourse with his six year old daughter contrary to s 175 of the Penal Code. Within two hours he was presented before the court and cautioned. The magistrate asked N whether he wished to consult his lawyer, but he declined. At trial he …Read more

Ms. Ganter had had her eggs removed, fertilized with semen from Mr. Whalland (her partner of eight years, with whom she was in a de facto relationship) and frozen, in accordance with an agreement (the “Agreement”) made between Ms. Gantar, Mr. Whalland and the fertilization company. After Ms. Gantar and Mr. Whalland separated, Ms. Gantar …Read more

The appellant, H, had a history of sexually violent behavior toward women, and he experienced his first imprisonment and compulsory treatment order in 1998. H had been receiving treatment at the Mason Clinic since prisoners were not permitted outpatient community treatment. In 1999, H completed his prison sentence, but none of his physicians initiated proceedings …Read more

N and four others were remanded in Natabua prison on 15th December 1999 on a charge of murder contrary to ss 199 and 200 of the Penal Code. In October 2000 the High Court refused the applicants’ request for bail whilst saying that if they were not released expeditiously it would have to reconsider the …Read more

R was sentenced to six months’ imprisonment by the Chief Magistrate for the offence of escaping from lawful custody contrary to s 138 of the Penal Code Cap 17. In addition the Commissioner of Prisons imposed sanctions on R for the escape under the Prisons Act Cap 86, ss 83(1)A(i) and (vi) and paras 123(3) …Read more

Living World Distributors (“LWD”) attempted to import two videos from the USA into New Zealand. The videos, which discussed aspects of homosexuality, opposed the granting of special rights to homosexuals and stated that homosexuality is one of the causes of the spread of HIV/AIDS. The videos were deemed suitable for audiences over 16 years old …Read more

X was discharged from the Australian Defence Force (ADF) after he tested positive for HIV, in accordance with an ADF policy that sought to avoid transmission of HIV between soldiers. He subsequently filed a complaint with the Human Rights and Equal Opportunity Commission (the Commission), claiming his discharge constituted unlawful discrimination under the Disability Discrimination …Read more

In July 1980 the appellant, who was 12 years old at the time, was struck on the head by the bag of a schoolmate and collapsed. The appellant was seen by a general practitioner who referred him to Western General Hospital, the first respondent, where he was placed under the care of Mr. Jensen, the …Read more

The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more

Filipe Bechu was charged with the offence of rape. The Penal Code states that “Any person who has unlawful carnal act with a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily …Read more

The applicant had developed an obsession with a young woman he had met and had begun pursuing her persistently. He was convicted of assault after grabbing her by the wrists to make her stop and talk to him. He was subsequently examined by a psychiatrist and was diagnosed as having elements of a paranoid personality. …Read more

The applicant, “A” (name withheld in decision),  was born in December 1955. “A” had one prior criminal conviction for threatening to damage property of Television New Zealand and was sentenced in October 1982 to one year probation. He was arrested again in October 1983 for harassing a young woman (B, name withheld) whom he had …Read more

“Evelyn” was born to Mrs. S as a result of a surrogacy arrangement with Mr. and Mrs. Q. Mr. and Mrs. Q and Mr. and Mrs. S had been close friends for some years and had shared several joint holidays. Mrs. Q had discussed her infertility with Mrs. S and after much deliberation, Mrs. S …Read more

W suffered from Type II diabetes and was admitted to the hospital of the respondent (Northland Health Ltd) with chronic renal failure and brain damage in September 1996. He was discharged after he received dialysis and his condition improved. He was readmitted to hospital in June 1997 with end stage renal failure, the only cure …Read more

IW was a member of the incorporated association known as People Living With AIDS (WA) Inc. (PLWA). PLWA applied for planning approval from the City of Perth for the use of premises as a daytime drop-in center for persons infected with or affected by HIV/AIDS. The City, via its executive body, the Council, refused the …Read more

This case involved a challenge to a decision of the Australian Capital Territory (ACT) Mental Health Tribunal. The ACT Supreme Court set aside an order to detain and administer psychiatric treatment to Geraldine Patricia Burnett, a 38 year old woman who suffered from a mild psychotic disorder. Burnett had at various times been taken into …Read more

Julian (J), a former fighter pilot, and Drake (D), who had become a naturalized New Zealand citizen in 1964, had been incarcerated by Japan during the Second World War in conditions where torture and maltreatment took place regularly. It was claimed that, as a direct consequence of this, they still suffered residual disabilities and incapacities. …Read more

In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more

The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more

From 1990 onwards, the government implemented a policy whereby houses formerly owned by the state were transferred to Housing New Zealand (HNZ) (the first defendant), a corporate body with strong parallels to a state-owned enterprise, and their rents were progressively increased from their former subsidised level towards market rents. The plaintiff, a tenant of HNZ, …Read more

CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …Read more

Nicholas Toonen was a gay man, HIV/AIDS activist, and LGBT rights activist living in Tasmania. Tasmania criminalized same-sex sexual conduct among men under ss 122 and 123 its criminal code; it was the last remaining state or territory of Australia to do so, the remainder having repealed such laws. Toonen brought a communication before the …Read more

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more

Davidson was a medical doctor who was charged of four counts of unlawfully using an instrument and one count of conspiring to use an instrument or other means with intent to procure the miscarriage of a woman.