Assignment title: Information


On 20 October 2015, James attended the Match Sticks rock concert in Sydney at the Randwick Royal Racecourse. The day of the concert was sweltering hot. Although the show was not meant to start until the early evening, James arrived at the venue in the early afternoon and found a prime position close to the main stage.

Within minutes of the concert starting, James suddenly felt very hot, and experienced severe abdominal cramps, nausea, an increased heart rate, and difficulty in swallowing causing him to collapse. Paramedics at the concert immediately took him to a first-aid tent that had been set up in the Racecourse for the concert.

When James was brought into the tent, Charlotte, who was the nurse on duty, believed that James must have been stung by a paper wasp, as a nest was located in the rafters of the main grandstand earlier in the day. Fearing James had had an anaphylaxis allergic reaction to the wasp sting, she recommended an injection of antihistamines and steroids “just to be sure”. James, who is terrified of needles, objected to the idea of the injection, insisting that it was not necessary.  In spite of James’ protests, Charlotte proceeded to prepare the needle. On seeing her preparing the injection, James screamed in terror saying: “No, I can’t”. Charlotte replied: “Yes, you must; it’s for your own good.”

Concerned that any delays may be fatal, Charlotte asked four security staff on duty to hold James down.  As James was held down, Charlotte gave James the injection. James fell into a deep sleep, waking up 30 minutes later.

Feeling much better, James decided to return to the concert.  Charlotte insisted that, given his condition, he needed to rest.  She stood between him and the flap of the tent with her arms crossed saying he could not leave.  James said: “Ok, as you wish.” He then went back to the bed and fell asleep for another 45 minutes.

A doctor who examined James later concluded that although he may have been stung by a wasp, he did not have an allergic reaction and probably suffered heat-stroke.

Since the incident, James has been suffering claustrophobia and iatrophobia (fear of seeing doctors). He has ceased work as a kitchen hand in a small fish and chips shop in Manly because of his claustrophobia.

Write an opinion on the causes of action and the related defences that may be open on the incident.