Eastbury v Genea Genetics [2014] NSWSC 1793

Supreme Court New South Wales

Medium Neutral Citation: Eastbury v Genea Genetics [2014] NSWSC 1793 Hearing dates: 3 December 2014 Decision date: 17 December 2014 Jurisdiction: Common Law Before: Hall J Decision: (1) The limitation period for the causes of action pleaded in the Statement of Claim filed 11 March 2014 be extended to 11 March 2014. (2) On the costs follow the event rule, costs of the application would ordinarily be awarded in favour of the plaintiffs against the defendant. If the defendant wishes to argue against the making of such an order, a period of seven (7) days is allowed to apply in that respect. Catchwords: PERSONAL INJURY - application for an extension of time pursuant to s 60G of the Limitation Act 1969 (NSW) - claim arises from the diagnosis of the plaintiffs' sons as having a full mutation consistent with a diagnoses of Fragile X Syndrome - plaintiffs claim damages for mental harm and claim the defendant laboratory breached its duty of care in failing to test the first plaintiff's carrier status for Fragile X Syndrome - cause of action arguably accrued on the date of birth of each of the plaintiffs' two sons - application for an extension of time on the basis that after becoming aware of their sons' conditions the plaintiffs acted with reasonable expedition and that the extent of any damages awarded is likely to be significant - extension of time granted Legislation Cited: Limitation Act 1969 Uniform Civil Procedure Rules 2005 Cases Cited: Bell v SPC Ltd [1989] VR 170 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Cartledge v E Jopling and Sons Limited [1963] AC 758 Cowie v State Electivity Commission of Victoria [1964] VR 788 McIntosh v Southern Meats Pty Ltd (1997) Aust Torts Reports 81-424 Sydney City Council v Zegarac (1998) 43 NSWLR 195 Category: Interlocutory applications Parties: Leighee Eastbury (First Plaintiff) Philip Eastbury (Second Plaintiff) Genea Genetics (Defendant) Representation: Counsel: J Anderson (Plaintiffs) D Lloyd (Defendant) Solicitors: Catherine Henry Partners (Plaintiffs) Kennedys Lawyers (Defendant) File Number(s): 2014/74655