Noone v Genea Limited [2020] NSWSC 1860

Supreme Court New South Wales

Medium Neutral Citation: Noone v Genea Limited [2020] NSWSC 1860 Hearing dates: 14 December 2020 Date of orders: 14 December 2020 Decision date: 18 December 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: THE COURT DECLARES that: 1. Subject to declarations 2 and 3, the plaintiff is entitled to possession of the reproductive tissue sample collected from her late husband, Paul Lum, on or about 20 February 2020 (the "tissue sample") and currently stored by the defendant, Genea Limited ("Genea"). 2. Upon request by the plaintiff, Genea is entitled to release to the plaintiff the tissue sample for the purpose of the plaintiff transporting, or causing to transport by suitable means, the tissue sample to the Australian Capital Territory for the purposes of its use in accordance with the laws of the Australian Capital Territory; and 3. Upon receipt of the sample from Genea, the plaintiff is entitled to transport, or cause to be transported, the tissue sample by suitable means as soon as possible to the Australian Capital Territory for the purposes of its use in accordance with the laws of the Australian Capital Territory. THE COURT ORDERS that: 1. The name of the defendant be amended to "Genea Limited"; 2. There be liberty to the parties and the Attorney-General of NSW to apply on short notice. Catchwords: Human Tissue – removal of sperm from deceased person for Invitro Fertilisation – storage of gametes – whether plaintiff entitled to possession of stored sperm for use in Invitro Fertilisation in ACT. Legislation Cited: Assisted Reproductive Technologies Act 2007 Guardianship Act 1987 Human Tissue Act 1983 Cases Cited: Associated Provincial Picture House Ltd v Wednesbury Corporation [1948] 1 KB 223 Chapman v South Eastern Sydney Local Health District (2018) 98 NSWLR 208; [2018] NSWSC 1231 Doodeward v Spence (1908) 6 CLR 406; [1908] HCA 45 Gonzales v Coroner's Court of New South Wales [2018] NSWSC 153 In the matter of an Application by Vernon [2020] NSWSC 608 New South Wales v Kable (2013) 252 CLR 118; [2013] HCA 26 Noone v Genea [2020] NSWSC 118 Re Adams [2020] NSWSC 1670 Re Cresswell [2018] QSC 142 Re Edwards (2011) 81 NSWLR 198; [2011] NSWSC 478 Category: Consequential orders (other than Costs) Parties: Catherine Noone (Plaintiff) Genea Limited (Defendant) Attorney-General (as Amicus) Representation: Counsel: E James (Plaintiff) J Davidson (A-G)