Sharif Zraika by his tutor Halima Zraika v Walsh [2014] NSWSC 1774

Supreme Court New South Wales

Medium Neutral Citation: Sharif Zraika by his tutor Halima Zraika v Walsh [2014] NSWSC 1774 Hearing dates: 4 and 10 December 2014 Decision date: 16 December 2014 Jurisdiction: Common Law Before: Davies J Decision: The First and Second Defendants' Notice of Motion dated 14 November 2014 is granted in the following terms: 1. Pursuant to Rule 23.4 UCPR, the Plaintiff is to attend, within 14 days of this order, the Pathology Collection Service at the Children's Hospital at Westmead, or such other place as may be agreed between the parties, or as ordered by the Court, to provide a 15 millilitre blood sample whereafter that blood sample is then to be delivered to the solicitors for the First, Second and Fifth Defendants to be subject (at the direction of the solicitors for the First, Second and Fifth Defendants) to the following tests: (a) whole exome sequence/whole genome sequence; (b) SNP micro-array/array CGH; (c) trio sequencing; and 2. Pursuant to Rule 2.1 UCPR and section 61 of the Civil Procedure Act (NSW) 2005, the Plaintiff's parents, Halima Zraika and AN Zraika, attend, within 14 days of this order, the Pathology Collection Service at the Children's Hospital at Westmead, or such other place as may be agreed between the parties, or as ordered by the Court, to each provide a 15 millilitre blood sample whereafter that blood sample is then to be delivered to the solicitors for the First, Second and Fifth Defendants to be subject (at the direction of the solicitors for the First, Second and Fifth Defendants) to the following tests: (a) whole exome sequence/whole genome sequence; (b) SNP micro-array/array CGH; (c) trio sequencing; and 3. The First, Second and Fifth Defendants be permitted to approach Dr John Smoleniec, Director of Liverpool Hospital's Feto-Maternal Unit for the purpose of interviewing Dr Smoleniec and, if appropriate, obtaining a written opinion from him. 4. No order as to costs. Catchwords: PROCEDURE - personal injury litigation - causation - whether injuries arose from compensable accident or from genetic disorder - medical testing - whether order should be made for genetic testing - effect of testing on hearing date - whether legal representatives for defendants should be permitted to speak to plaintiff's specialist - whether radiologist's opinion involves doctor-patient confidentiality Legislation Cited: Civil Procedure Act (NSW) 2005 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: KF By Her Tutor RF v Royal Alexandra Hospital for Children known as the Children's Hospital Westmead [2010] NSWSC 891 Plowman v Sisters of St John of God Inc. [2014] NSWSC 333 Rowlands v State of New South Wales [2009] NSWCA 136; (2009) 74 NSWLR 715 Sharif Zraika (by next friend Halima Zraika) v Rebecca Jane Walsh [2011] NSWSC 1569 Category: Interlocutory applications Parties: Sharif Zraika by his tutor Hamila Zraika (Plaintiff) Rebecca Jane Walsh (First Defendant) Joseph Bernard Walsh (Second Defendant) Roads & Maritime Services (Third Defendant) Bankstown City Council (Fourth Defendant) Ali Zraika (Fifth Defendant) Representation: Counsel: D Higgs SC with T Boyd (Plaintiff) K P Rewell SC (First and Second Defendants) M Fordham SC with H Chiu (Third Defendant) R S Sheldon SC with P M Knowles (Fourth Defendant) No appearance (Fifth Defendant) Solicitors: Kheir Lawyers (Plaintiff) McInnes Wilson Lawyers (First, Second and Fifth Defendants) Hicksons Lawyers (Third Defendant) Mills Oakley, Lawyers (Fourth Defendant) File Number(s): 2011/52630