Lynch v Lynch (1991) 25 NSWLR 411mother owes duty to unborn child only with respect to driving - not extended to other lifestyle choices. Harriton v Stephens - [2006] HCA 15 - Harriton v Stephens (09 May 2006) - [2006] HCA 15 (09 May 2006) (Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon and Crennan JJ) - 226 CLR 52 Case name - Cite only the first plaintiff and defendant. v. MELCHIOR HIGH COURT OF AUSTRALIA (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; (2003) Aust Torts Reports 81-704; [2003] HCA 38 GLEESON CJ, MCHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ B22/2002 16 July 2003 Gleeson CJ The issue [1] If, in consequence of medical negligence, a couple become the parents of an unintended child, can a court, in an award of … IntroductionThe case of Harriton v Stephens tackled the controversial unconventional aliveness feats . After conducting and reviewing pathological tests, Dr Stephens advised the mother that she did not have the rubella virus. However, the court’s reluctance to acknowledge the legal rights of an individual life justified by a logical fallacy, depriving the case of any real significance and left the plaintiff with undesirable outcomes. It sought to finally pass upon the validity of the utter attain under Australian law . Studdert J in all three cases went to great length to summarise the global judicial position of "wrongful life" claims. 6 [12] There are courts that have embarked on this enquiry. [2][3], The appellant, Alexia Harriton, was a 25-year-old woman with severe congenital disabilities that had been caused by her mother's infection with the rubella virus while pregnant with her. [11] Their appeals were heard together on 10 November 2005. Devereux J(1). Bakker v Stewart VR 17, 21. The Court of Appeal, by a majority of 2–1 dismissed both appeals. %PDF-1.4 %���� 7 Harriton v Stephens (2006) 226 CLR 52 (‘Harriton’). Vulnerability of the Pl and degree of self-protection: Hill v Van Erp (1997) 188 CLR 159; Gifford v Strang Patrick Stevedoring (2003) 198 ALR 100; Harriton v Stephens. Share. Y1 - 2002. >X and Y v Pal (1991) 12 NSWLR 26 Duty of health care professional to woman, her fetus and future unborn children. From Wikipedia. [19] Academics Evelyn Ellis and Brenda McGivern referred to the judgment as an emphatic rejection of claims for wrongful life and compared the judgment to similar rejections of wrongful life claims by courts in the United Kingdom.[20]. of the children being born with such disabilities: Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 521; Waller v James [2006] HCA 16; (2006) 226 CLR 136. These disabilities left Harriton unable to care for herself. 20Ibid 449. Type of legally recognised right the Pl claims Def has infringed (eg. Bakker v Stewart [1980] VR 17 , 21. Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 52; (2006) 226 ALR 391; (2006) 80 ALJR 791 (9 May 2006) Wikipedia. Search for an issue relevant to you, or read about them all. May 9, 2006 Legal Helpdesk Lawyers. Harriton v Stephens (2006) 226 CLR 52 , 78. 4���V�%&ݸ�mʺ��r�\n�*�5�]�"�����m˼K��4-H�-���Xj�>\�PoG�w��(p�(�Yw�KsD�� �M��c�e� �&��0��)�&C(��e�ڃ����B4�].4��K��]j6������ȱI^S%�iP$uݢ�r���! Waller v James [2002] NSWSC 462. [5], The defendant, Paul Richard Stephens, was the doctor of Harriton's mother while she was pregnant. Harriton v Stephens [2006] HCA 15. ICI v Shatwell [1965] AC 656. �gC'X�GN�c��eq(_>DUaw'�Y�6���)�cPt�c�˓bup0���.��i!v/�|���>�]�*��X��Z|I�����6���U Y�E��p�� ]�uYa��D"��0@�(�=0%묪�d۔q��S����z�����q��b��9D��Ҿ6Y3Ю]��$!_�<3�+�Lv���K�$��~@�����2_���,��X'P>4�0Ҹ�.Bk��u��+�5dU�~Q6/u�-=�0zD}�th��T;���n�� -���8Uc��cV�6٤:. 1 0 obj<> endobj 2 0 obj<>stream Harriton v Stephens 4 question of whether the common law could or should recognise a right of a foetus to be aborted, or an interest of a foetus in its own termination, which is distinct from the recognised right of a foetus not to be physically injured whilst en ventre sa mère, whether by a … Harriton v Stephens (2006) 226 CLR 52. [2006] HCA 15, (2006) 226 CLR 52: Case history; Prior action(s) Harriton v Stephens [2004] NSWCA 93, (2004) 59 NSWLR 694, NSW Court of Appeal; Harriton v Stephens [2002] NSWSC 461, Supreme Court (NSW) Case opinions (5:1) The doctor did not owe the child a duty of care. All opinions, and any errors, are my own. Harriton v Stephens, was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not being terminated. The parents of a child born as a consequence of medical negligence areentitled, in a ‘wrongful birth’ claim, to damagesfor theinconvenience and costs of the birth of even a normal, healthy child. Conclusion Trial Harriton v. Stephens Harriton sued Dr. Stephens for the lack of reasonable care and negligence, and claimed the pregnancy shouldve been aborted to prevent the child from being born with a disability. 19Harriton(2006) 226 ALR 391, 448 (citations omitted). X. This article highlights a common misconception about abortion law that is apparent from reading Harriton v Stephens (2006) 226 CLR 52; namely, that fetal abnormality forms a prima facie case for lawful abortion across Australia. ↩ Pregnancy and Birth; Abortion; Birth Registration; Child Destruction; Pre-natal Injury; Wrongful Birth; Wrongful Life; Search for: HEALTH LAW CENTRAL: A central information site that explains important health law concepts. ©2009—2020 Bioethics Research Library Box 571212 Washington DC 20057-1212 202.687.3885 [12] Brett Walker acted as senior counsel for Harriton instructed by Maurice Blackburn Cashman; Blake Dawson acted for Stephens with Stephen Gageler as senior counsel. - The - Id. March v E & MH Stramare (1991) 171 CLR 506. T2 - wrongful life actions in Australia. Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1, was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. Factual context, inc. degree of control exercised by Def over situation: Woolcock St Investments; Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1; Perre v Apand (1999) 198 CLR 180. Jump to: navigation, search. property or commercial rights): Woolcock St Investments v CDG Property (2004) 205 ALR 522; Harriton v Stephens (2006) 226 CLR 52. The court ruled on a 6 to 1 ratio and dismissed the case, based Good medical practice regularly results in the non-existence of human beings. ON THIS DAY in 2006, the High Court of Australia delivered Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 52; (2006) 226 ALR 391; (2006) 80 ALJR 791 (9 May 2006). Facts In Harriton v Stephens, a child (Alexia Harriton) was born suffering severe congenital disabilities following her mother having contracted the rubella virus while pregnant. The High Court's judgment was reported in the media as a "landmark case". New South Wales v Amery AssetInsure Pty Ltd v New Cap Reinsurance Corporation Limited . The moral conundrum in wrongful life cases such as these is that the Court is in effect assessing the ‘damage’ caused by a life being brought into existence. May 9, 2006 Legal Helpdesk Lawyers. 13 This claim is also referred to in literature and judgments as ‘wrongful birth’ claims. What has been created by way of Alexia [Harriton] and Keeden [Waller] is precisely what the doctors were engaged to prevent being created. AU - Watson, Penelope. Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1, was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. PY - 2002. Such actions are controversial and complex due to the questions of law and public form _or_ system of government border it . Harriton v Stephens was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not being terminated. May 9, 2006 Legal Helpdesk Lawyers. property or commercial rights): Woolcock St Investments v CDG Property (2004) 205 ALR 522; Harriton v Stephens (2006) 226 CLR 52. The gist of negligence - must be able to prove damages. Waller v James [2002] NSWSC 462. Court cases similar to or like Harriton v Stephens. Torts – Medical negligence – Wrongful life – Birth of severely disabled child – Agreed for the purposes of separate questions at first instance that the respondent doctor failed to … Waller v James; Waller v Hoolahan (2006) 226 CLR 136. In Harriton v Stephens (2006) 80 ALJR 791; [2006] HCA 15 and Waller v James; Waller v Hoolahan (2006) 80 ALJR 846; [2006] HCA 16 the High Court in a six-to-one decision (Kirby J dissenting) decided that no such claim could be made by a child when medical negligence in failing to order an in utero genetic test caused the child severe disability. The moral conundrum in wrongful life cases such as these is that the Court is in effect assessing the ‘damage’ caused by a life being brought into existence. These cases examined the issue of so-called ‘wrongful life’. The outcome of the judgment was criticised in the Sydney Law Review, which concluded: Logic might have demanded the outcome reached by the High Court in Harriton, but fairness demands another. of the children being born with such disabilities: Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 521; Waller v James [2006] HCA 16; (2006) 226 CLR 136. Harriton v Stephens (2006) 226 CLR 52 Facts-The appellant, Alexia Harriton, was a 25-year-old woman with severe congenital disabilities that had been caused by her mother's infection with the rubella virus while pregnant with her. 5 April 2006 Nominal Defendant v GLG Australia Pty Ltd . Grey, Alice --- "Harriton v Stephens: Life, Logic and Legal Fictions" [2006] SydLawRw 25; (2006) 28(3) Sydney Law Review 545 ... for his insightful comments regarding the High Court’s decision in Sullivan v Moody, (2001) 207 CLR 562. Harriton v Stephens. Waller v James; Harriton v Stephens . [1] Waller's appeal was dismissed on the same day with the majority in that judgment following the reasons in Harriton's appeal. According to Chief Justice James Spigelman, the proposition that the duty of doctor to an unborn child extended to conduct that, properly performed, would lead to the termination of the pregnancy "should not be accepted as it does not reflect values generally, or even widely, held in the community."[9][10]. T1 - Edwards v Blomeley; Harriton v Stephens; Waller v James. [13] The leading judgment was written by Justice Crennan, with whom Chief Justice Gleeson and Justices Gummow and Heydon concurred, giving her reasons majority support. Not have the rubella virus mother while she was pregnant the ethical, social and! 226 CLR 52, 78 v Stepney Borough Council [ 1951 ] AC 367 Stramare ( 1991 ) CLR... Is also referred to in literature and judgments as ‘ wrongful birth ’.!, a historic House in Lower Merion Township, Pennsylvania of law and public form _or_ system government. 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harriton v stephens clr

IntroductionThe case of Harriton v Stephens tackled the controversial unconventional aliveness feats . In addition, Lawrence and Deborah Waller brought a wrongful birth action against the five defendants, though this was stayed by agreement of the parties pending resolution of Keeden’s wrongful life claim: Harriton v Stephens (2004) 59 NSWLR 694, 724 (Ipp JA). ©2009—2020 Bioethics Research Library Box 571212 Washington DC 20057-1212 202.687.3885 [2002] NSWSC 461. 13 April 2006. These disabilities left Harriton unable to care for herself. Author information: (1)University of Queensland. Edwards v Blomeley. (��(n�� ��M���2ϖOS ��4����@� $�x���˨�������j�F�E�_,�]m�L[���`�2pf ��_P��:KW���� Cc�0/��Ձ�����Y�c1\ߦEC�MQj��̫;E���%�=��{C�פe�m+!�XewC�>�;��1ʚ���. [7] The judge hearing the action, Justice Tim Studdert, dismissed the action as well as two other wrongful life cases brought at the same time. – Medical negligence – Wrongful life – Birth of severely disabled child – Agreed for the purposes of separate questions at first instance that the respondent doctor failed On 29 April 2005, Harriton and Waller were granted special leave to appeal to the High Court. Meredith Blake –UWA Law School 1 Harriton v Stephens HCA 15 The plaintiff, Alexia Harriton, was 25 at the time of the hearing, but her claim related to the failure of her mother’s GP to accurately diagnose her mother’s rubella during the first trimester of her pregnancy with Alexia. Harriton v Stephens,[1] was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not being terminated. The ethical, social, and political dimension - perspectives on the value of life and disability. ON THIS DAY in 2006, the High Court of Australia delivered Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 52; (2006) 226 ALR 391; (2006) 80 ALJR 791 (9 May 2006). Year and volume number - Square brackets are used around the year when the year is an essential component of the citation, without which it would not be possible to find the case. Harriton v Stephens, was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not being terminated.. Background Facts. Publicité Wikipedia. Jaensch v Coffey (1984) 155 CLR 549; 54 ALR 417; 54 ALJR 426. Devereux J(1). see the minority judgment of Kirby J in Harriton v Stephens (2006) 226 CLR 52. Harriton v Stephens: ... his insightful comments regarding the High Court’s decision in Sullivan v Moody, (2001) 207 CLR 562. Perre v Apand Pty Ltd (1999) 198 CLR 180; ALR 606. But adisabled child born into a life of sufferingand need as a consequence ofmedical negligence is entitled to nothing in a ‘wrongful life’ claimbecause there is noinjury in the eyes of the law. 2007] Tort Law, Policy and the High Court of Australia 571 tial discord as to what these propositions might signify for the duty of care. Harriton High School, one of two public high schools in the Lower Merion School District. You are to read the article, Steve Hedley, ‘The Rise and Fall of Private Law Theory’ (2018) 134 Law Quarterley Review 214, and answer this question: Do you think Hedley’s conclusion reflects the thinking of the High Court in Cattanach v Melchior (2003) 215 CLR 1 and Harriton v Stephens (2006) 226 CLR 52? Harriton v Stephens [2006] HCA 15. Inconceivable as these propositions may appear, this is the law in Australiaas laid down by the High Court.How did this situatio… >Lynch v Lynch (1991) 25 NSWLR 411mother owes duty to unborn child only with respect to driving - not extended to other lifestyle choices. Harriton v Stephens - [2006] HCA 15 - Harriton v Stephens (09 May 2006) - [2006] HCA 15 (09 May 2006) (Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon and Crennan JJ) - 226 CLR 52 Case name - Cite only the first plaintiff and defendant. v. MELCHIOR HIGH COURT OF AUSTRALIA (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; (2003) Aust Torts Reports 81-704; [2003] HCA 38 GLEESON CJ, MCHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ B22/2002 16 July 2003 Gleeson CJ The issue [1] If, in consequence of medical negligence, a couple become the parents of an unintended child, can a court, in an award of … IntroductionThe case of Harriton v Stephens tackled the controversial unconventional aliveness feats . After conducting and reviewing pathological tests, Dr Stephens advised the mother that she did not have the rubella virus. However, the court’s reluctance to acknowledge the legal rights of an individual life justified by a logical fallacy, depriving the case of any real significance and left the plaintiff with undesirable outcomes. It sought to finally pass upon the validity of the utter attain under Australian law . Studdert J in all three cases went to great length to summarise the global judicial position of "wrongful life" claims. 6 [12] There are courts that have embarked on this enquiry. [2][3], The appellant, Alexia Harriton, was a 25-year-old woman with severe congenital disabilities that had been caused by her mother's infection with the rubella virus while pregnant with her. [11] Their appeals were heard together on 10 November 2005. Devereux J(1). Bakker v Stewart VR 17, 21. The Court of Appeal, by a majority of 2–1 dismissed both appeals. %PDF-1.4 %���� 7 Harriton v Stephens (2006) 226 CLR 52 (‘Harriton’). Vulnerability of the Pl and degree of self-protection: Hill v Van Erp (1997) 188 CLR 159; Gifford v Strang Patrick Stevedoring (2003) 198 ALR 100; Harriton v Stephens. Share. Y1 - 2002. >X and Y v Pal (1991) 12 NSWLR 26 Duty of health care professional to woman, her fetus and future unborn children. From Wikipedia. [19] Academics Evelyn Ellis and Brenda McGivern referred to the judgment as an emphatic rejection of claims for wrongful life and compared the judgment to similar rejections of wrongful life claims by courts in the United Kingdom.[20]. of the children being born with such disabilities: Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 521; Waller v James [2006] HCA 16; (2006) 226 CLR 136. These disabilities left Harriton unable to care for herself. 20Ibid 449. Type of legally recognised right the Pl claims Def has infringed (eg. Bakker v Stewart [1980] VR 17 , 21. Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 52; (2006) 226 ALR 391; (2006) 80 ALJR 791 (9 May 2006) Wikipedia. Search for an issue relevant to you, or read about them all. May 9, 2006 Legal Helpdesk Lawyers. Harriton v Stephens (2006) 226 CLR 52 , 78. 4���V�%&ݸ�mʺ��r�\n�*�5�]�"�����m˼K��4-H�-���Xj�>\�PoG�w��(p�(�Yw�KsD�� �M��c�e� �&��0��)�&C(��e�ڃ����B4�].4��K��]j6������ȱI^S%�iP$uݢ�r���! Waller v James [2002] NSWSC 462. [5], The defendant, Paul Richard Stephens, was the doctor of Harriton's mother while she was pregnant. Harriton v Stephens [2006] HCA 15. ICI v Shatwell [1965] AC 656. �gC'X�GN�c��eq(_>DUaw'�Y�6���)�cPt�c�˓bup0���.��i!v/�|���>�]�*��X��Z|I�����6���U Y�E��p�� ]�uYa��D"��0@�(�=0%묪�d۔q��S����z�����q��b��9D��Ҿ6Y3Ю]��$!_�<3�+�Lv���K�$��~@�����2_���,��X'P>4�0Ҹ�.Bk��u��+�5dU�~Q6/u�-=�0zD}�th��T;���n�� -���8Uc��cV�6٤:. 1 0 obj<> endobj 2 0 obj<>stream Harriton v Stephens 4 question of whether the common law could or should recognise a right of a foetus to be aborted, or an interest of a foetus in its own termination, which is distinct from the recognised right of a foetus not to be physically injured whilst en ventre sa mère, whether by a … Harriton v Stephens (2006) 226 CLR 52. [2006] HCA 15, (2006) 226 CLR 52: Case history; Prior action(s) Harriton v Stephens [2004] NSWCA 93, (2004) 59 NSWLR 694, NSW Court of Appeal; Harriton v Stephens [2002] NSWSC 461, Supreme Court (NSW) Case opinions (5:1) The doctor did not owe the child a duty of care. All opinions, and any errors, are my own. Harriton v Stephens, was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not being terminated. The parents of a child born as a consequence of medical negligence areentitled, in a ‘wrongful birth’ claim, to damagesfor theinconvenience and costs of the birth of even a normal, healthy child. Conclusion Trial Harriton v. Stephens Harriton sued Dr. Stephens for the lack of reasonable care and negligence, and claimed the pregnancy shouldve been aborted to prevent the child from being born with a disability. 19Harriton(2006) 226 ALR 391, 448 (citations omitted). X. This article highlights a common misconception about abortion law that is apparent from reading Harriton v Stephens (2006) 226 CLR 52; namely, that fetal abnormality forms a prima facie case for lawful abortion across Australia. ↩ Pregnancy and Birth; Abortion; Birth Registration; Child Destruction; Pre-natal Injury; Wrongful Birth; Wrongful Life; Search for: HEALTH LAW CENTRAL: A central information site that explains important health law concepts. ©2009—2020 Bioethics Research Library Box 571212 Washington DC 20057-1212 202.687.3885 [12] Brett Walker acted as senior counsel for Harriton instructed by Maurice Blackburn Cashman; Blake Dawson acted for Stephens with Stephen Gageler as senior counsel. - The - Id. March v E & MH Stramare (1991) 171 CLR 506. T2 - wrongful life actions in Australia. Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1, was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. Factual context, inc. degree of control exercised by Def over situation: Woolcock St Investments; Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1; Perre v Apand (1999) 198 CLR 180. Jump to: navigation, search. property or commercial rights): Woolcock St Investments v CDG Property (2004) 205 ALR 522; Harriton v Stephens (2006) 226 CLR 52. The court ruled on a 6 to 1 ratio and dismissed the case, based Good medical practice regularly results in the non-existence of human beings. ON THIS DAY in 2006, the High Court of Australia delivered Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 52; (2006) 226 ALR 391; (2006) 80 ALJR 791 (9 May 2006). Facts In Harriton v Stephens, a child (Alexia Harriton) was born suffering severe congenital disabilities following her mother having contracted the rubella virus while pregnant. The High Court's judgment was reported in the media as a "landmark case". New South Wales v Amery AssetInsure Pty Ltd v New Cap Reinsurance Corporation Limited . The moral conundrum in wrongful life cases such as these is that the Court is in effect assessing the ‘damage’ caused by a life being brought into existence. May 9, 2006 Legal Helpdesk Lawyers. 13 This claim is also referred to in literature and judgments as ‘wrongful birth’ claims. What has been created by way of Alexia [Harriton] and Keeden [Waller] is precisely what the doctors were engaged to prevent being created. AU - Watson, Penelope. Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1, was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context. PY - 2002. Such actions are controversial and complex due to the questions of law and public form _or_ system of government border it . Harriton v Stephens was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not being terminated. May 9, 2006 Legal Helpdesk Lawyers. property or commercial rights): Woolcock St Investments v CDG Property (2004) 205 ALR 522; Harriton v Stephens (2006) 226 CLR 52. The gist of negligence - must be able to prove damages. Waller v James [2002] NSWSC 462. Court cases similar to or like Harriton v Stephens. Torts – Medical negligence – Wrongful life – Birth of severely disabled child – Agreed for the purposes of separate questions at first instance that the respondent doctor failed to … Waller v James; Waller v Hoolahan (2006) 226 CLR 136. In Harriton v Stephens (2006) 80 ALJR 791; [2006] HCA 15 and Waller v James; Waller v Hoolahan (2006) 80 ALJR 846; [2006] HCA 16 the High Court in a six-to-one decision (Kirby J dissenting) decided that no such claim could be made by a child when medical negligence in failing to order an in utero genetic test caused the child severe disability. The moral conundrum in wrongful life cases such as these is that the Court is in effect assessing the ‘damage’ caused by a life being brought into existence. These cases examined the issue of so-called ‘wrongful life’. The outcome of the judgment was criticised in the Sydney Law Review, which concluded: Logic might have demanded the outcome reached by the High Court in Harriton, but fairness demands another. of the children being born with such disabilities: Harriton v Stephens [2006] HCA 15; (2006) 226 CLR 521; Waller v James [2006] HCA 16; (2006) 226 CLR 136. Harriton v Stephens (2006) 226 CLR 52 Facts-The appellant, Alexia Harriton, was a 25-year-old woman with severe congenital disabilities that had been caused by her mother's infection with the rubella virus while pregnant with her. 5 April 2006 Nominal Defendant v GLG Australia Pty Ltd . Grey, Alice --- "Harriton v Stephens: Life, Logic and Legal Fictions" [2006] SydLawRw 25; (2006) 28(3) Sydney Law Review 545 ... for his insightful comments regarding the High Court’s decision in Sullivan v Moody, (2001) 207 CLR 562. Harriton v Stephens. Waller v James; Harriton v Stephens . [1] Waller's appeal was dismissed on the same day with the majority in that judgment following the reasons in Harriton's appeal. 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