Costs of raising a healthy child born following negligent sterilisation advice are recoverable as damages in a wrongful birth claim.
Tort and Negligence
HCA held that a general neighbourhood principle cannot determine duty of care; coherence of the law acts as a constraining factor in novel duty situations.
High Court of Australia established a multi-factor approach to pure economic loss, considering vulnerability, assumption of responsibility, and control in determining duty of care.
The but-for test is not the exclusive test for causation in negligence; courts must apply a common sense approach informed by policy considerations.
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