Plowman v Sisters of St John of God Inc. [2014] NSWSC 333

Supreme Court New South Wales

Medium Neutral Citation: Plowman v Sisters of St John of God Inc. [2014] NSWSC 333 Hearing dates: 13/02/2014 Decision date: 28 March 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Pursuant to r 23.4 of the UCPR, the Plaintiff is to attend within 28 days of this order, at one of the following locations: (a) Peel Health Care Tamworth; (b) Laverty Pathology, Tamworth; (c) The Pathology North Collection Service at Tamworth Rural Referral Hospital; or (d) Any other location agreed by the parties. (2) The blood sample obtained pursuant to Order (1) is to be subject to Array Comparative Genomic Hybridisation testing as arranged by the defendant. (3) The Defendant is to serve a copy of any report with respect to the testing upon the solicitor for the Plaintiff within 48 hours of receipt of that report. (4) Subject to any further order, the Defendant is to pay any costs of the medical examination in Order (1) and the testing in Order (2). (5) Costs of the Motion to be costs in the cause. (6) Liberty to apply on 24 hours' notice. Catchwords: PROCEDURE - civil - medical examination - order for plaintiff to have blood drawn for purpose of undertaking Array Comparative Genomic Hybridisation testing; application for - Uniform Civil Procedure Rules 2005; r 23.4 - exercise of discretion - whether testing relevant to an issue of substance in the main proceedings - relevance of plaintiff's medical phobias and anxieties Legislation Cited: Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Boral Transport Pty Ltd v Gulic [2013] NSWCA 150 Hamilton v State of New South Wales [2013] NSWSC 1437 KF by her tutor RF v Royal Alexandra Hospital for Children [2010] NSWSC 891 Plowman v Sisters of St John of God Inc [2012] NSWSC 376 Rowlands v State of New South Wales [2009] NSWCA 136 Category: Interlocutory applications Parties: Emma Jane Plowman (P) Sisters of St John of God Inc (D) Representation: Counsel: M Joseph SC / D Stanton (P) V Thomas (D) Solicitors: Equilaw Solicitors (P) TressCox Lawyers (D) File Number(s): 2010/425441