Date: Tue, 9 May 2006 09:25:06 +0100

From: Robert Stevens

Subject: Wrongful life

The decisions in Harriton and Waller seem to me to be plainly right, but perhaps the most interesting aspect, for those with a theoretical bent, is Crennan J's bold foray in Harriton into Aristotelian corrective justice (paras 271-275). Bold, but right.

Robert Stevens
Barrister
University of Oxford

Harold Luntz writes:

The High Court of Australia this morning dismissed appeals in wrongful life cases, holding 6:1 that no action lies. I haven't had time to read the full judgments yet. The main one is by the newest member of the Court, Susan Crennan. I note the Kirby, in his dissent, says that a particular view appealed to me. In fact it didn't.

The judgments are Waller v James; Waller v Hoolahan [2006] HCA 16 (9 May 2006) and Harriton v Stephens [2006] HCA 15 (9 May 2006).

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