Zraika v Walsh [2015] NSWSC 645

Supreme Court New South Wales

Medium Neutral Citation: Zraika v Walsh [2015] NSWSC 645 Hearing dates: 27 May 2015 Decision date: 28 May 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Direct the plaintiff, by his next friend Halima Zraika, to authorise the testing of the blood taken from him for the Guthrie test by the Newborn Screening Department at the Children's Hospital at Westmead for pre and post- natal congenital infections and conditions including Cytomegalovirus. Catchwords: PRACTICE AND PROCEDURE – application by defendants pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 23.8 for order that sample of plaintiff's blood be tested for congenital infections – application made after date for service of experts' reports in proceedings and in circumstances where trial date may be jeopardised – whether making of order nevertheless in the interests of justice – order made Legislation Cited: Civil Liability Act 2005 (NSW) Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Atkins v National Australia Bank (1994) 34 NSWLR 155 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; 250 CLR 303 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; 49 NSWLR 262 Zraika v Walsh [2015] NSWSC 485 Texts Cited: --- Category: Procedural and other rulings Parties: Sharif Zraika bnf Halima Zraika (Plaintiff) Rebecca Jane Walsh (First Defendant) John Bernard Walsh (Second Defendant) Roads & Maritime Services (Third Defendant) Bankstown City Council (Fourth Defendant) Ali Zraika (Fifth Defendant) Representation: Counsel: D Higgs SC/T Boyd (Plaintiff) I Butcher (First, Second and Fifth Defendants)