Sullivan v Moody [2001] HCA 59

March 13, 2018 casesummaries

Facts

A father was wrongfully accused of sexually assaulting his daughter
He sued for the negligently performed medical examination

Held

There is no precise test for novel negligence cases
Must consider how it interacts with other laws (e.g. defamation) – cannot give negligence to wide a range
Where there is statutory grounds for behavior (e.g. reporting child abuse), it will probably not succeed in negligence
Indeterminate liability is not good

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