The current position as to recovery of damages for the upkeep of a healthy child born as the result of a negligent sterilisation has been disturbed by the decision of the High Court of Australia in Cattanach v Melchior.The High Court rejected the recent ruling of the House of Lords in McFarlane v Tayside Fuel Health Board and decided in favour of recovery by a Pecans majority of 4:3.This paper reviews the antecedent litigation and analyses the conflicting opinions of the seven-judge bench in Cattanach.
The likely effect on the common law within the Commonwealth is considered in anticipation of the imminent House of Lords decision in Rees v Darlington Memorial Hospital NHS Trust.