Ex parte application of Mercedi Cooper [2018] NSWSC 766

Supreme Court New South Wales

Medium Neutral Citation: Ex parte application of Mercedi Cooper [2018] NSWSC 766 Hearing dates: 12 May 2018 Decision date: 12 May 2018 Jurisdiction: Common Law Before: Button J Decision: (1) The court authorises post mortem sperm retrieval by way of the taking of such tissue as is necessary from the body of the deceased Mr Samih Zraika by a suitably qualified doctor who meets the approval of the officers of Glebe Morgue. (2) For this purpose, the officers of Glebe Morgue are to make available the body of the deceased for the performance of posthumous sperm retrieval. (3) Officers of the Glebe Morgue are to notify the NSW Police of the performance of the procedure a reasonable time before it takes place. (4) Officers of the NSW Police are permitted to be present at the procedure. (5) The sample obtained is to remain in the custody of the Doctor who performs the operation and it is to be appropriately stored by him or her. (6) No use whatsoever is to be made of the sample by any person until further order of this Court. (7) The proceedings are stood over for directions at 9am before the Common Law Registrar of this Court next Tuesday 15 May 2018 in this Court building. (8) Between now and then the matter may be listed urgently at any time before the Duty Judge. Catchwords: CIVIL PROCEDURE – ex parte application for sperm retrieval from body of deceased romantic partner of applicant – medical efficacy of procedure requires utmost urgency – order made authorising extraction and retention of sample by medical practitioner pending further order of the Court Legislation Cited: Human Tissue Act 1983 (NSW), Part 4 Cases Cited: Edwards; Re Estate of Edwards [2011] NSWSC 478 Gonzales v State Coroner of New South Wales [2018] NSWSC 153 MAW v Western Sydney Area Health Service [2000] NSWSC 358 Ping Yuan v Da Yong Chen [2015] NSWSC 932 Category: Procedural and other rulings Parties: Mercedi Cooper (Applicant) Ex parte File Number(s): 2018/150710 Publication restriction: Nil