In the matter of an Application by Adams (a pseudonym) [2020] NSWSC 1670

Supreme Court New South Wales

Medium Neutral Citation: In the matter of an Application by Adams (a pseudonym) [2020] NSWSC 1670 Hearing dates: 14 August 2019 Date of orders: 14 August 2019 Decision date: 24 November 2020 Jurisdiction: Common Law Before: Walton J Decision: On 14 August 2019, upon the giving of consent by the State Coroner the Court made the following orders: (1) A Declaration that the Plaintiff is entitled to possession of the sperm of the late Defendant. (2) An Order that upon the making of these orders, Dr Ying Li and such other persons who he authorises forthwith perform a procedure at Lidcombe Morgue to extract the semen of the Defendant and store the semen in an Assisted reproductive facility. (3) An Order that the NSW State Coroner and any authorised officer of the Coroner do all such things and execute all such documents to give effect to Order 2 herein forthwith. (4) An Order that the sperm of the Defendant be stored pending further order at the premises of Dr Li under his care, control and supervision or such other persons as authorised by him at Genea Sydney CBD located at Level 2, 321 Kent Street, Sydney, or such other premises as authorised by him. (5) Direct that these Orders be entered forthwith. Catchwords: CIVIL PROCEDURE – ex parte proceedings – human tissue – application by spouse for declaration of possession of sperm – application for sperm retrieval – jurisdiction and power of court to declare extraction lawful – oral consent provided by coroner – order made authorising extraction and retention of sample by medical practitioner pending further order of the Court Legislation Cited: Coroners Act 2009 (NSW) Human Tissue Act 1983 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Chapman v South Eastern Sydney Local Health District [2018] NSWSC 1231 Edwards; Re Estate of Edwards (2011) 81 NSWLR 198; [2011] NSWSC 478 Re H (No 2) [2012] SASC 177 Category: Principal judgment Parties: Kay Adams (Plaintiff) The late Grant Nye (Defendant) Representation: Counsel: D E Baran (Plaintiff)