“…From the viewpoint of the person seeking treatment, who perceives some benefit or chance of a benefit, denying such treatment could not be justified on a "best interests" basis so could be regarded as rationing. However, from the doctor's viewpoint, denying the treatment amounts to a decision to forgo "inappropriate" or "futile" treatment 1 While a detailed conceptual discussion is beyond the scope of this article, we note that definitions of rationing, like definitions of futility, are contested (Walker and Egede 2016 [22] "The exercise of the parens patriae jurisdiction should not be for the benefit of others (Re Eve (1987) 31 DLR (4th) 1 at 34), including a health care system that is intent on saving on costs." Similarly, in Messiha v South East Health [2004] NSWSC 1061 at [9] Howie J noted that a reference made by the treating doctor about the availability of the intensive care unit resources was "… arguably … an irrelevant matter, at least so far as the welfare of the patient was concerned … and might have been taken as a form of pressure on the family to agree with the hospital's decision."…”