Hunter and New England Local Health District v McKenna

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, BELL, GAGELER AND KEANE JJMatter No S142/2014HUNTER AND NEW ENGLAND LOCAL HEALTH DISTRICT  APPELLANTANDMERRYN ELIZABETH MCKENNA  RESPONDENTMatter No S143/2014HUNTER AND NEW ENGLAND LOCAL HEALTH DISTRICT  APPELLANTANDSHEILA MARY SIMON & ANOR  RESPONDENTSHunter and New England Local Health District v McKennaHunter and New England Local Health District v Simon[2014] HCA 4412 November 2014S142/2014 & S143/2014ORDERMatter No S142/20141.Appeal allowed.2.Set aside paragraphs 2, 3 and 4 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 23 December 2013 and, in their place, order that the appeal to that Court be dismissed.3.The appellant pay the respondent's costs of the appeal to this Court. Matter No S143/20141.Appeal allowed.2.Set aside paragraphs 2, 3 and 4 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 23 December 2013 and, in their place, order that the appeal to that Court be dismissed.3.The appellant pay the respondents' costs of the appeal to this Court.On appeal from the Supreme Court of New South WalesRepresentationR J Cheney SC with N E Chen for the appellant (instructed by TressCox Lawyers)B M Toomey QC with G R Graham for the respondents (instructed by T D Kelly & Co)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHunter and New England Local Health District v McKennaHunter and New England Local Health District v SimonNegligence – Duty of care – Statutory...