Prudence McDonald v Dr Ng;; Matthew McDonald by his tutor Prudence McDonald v Dr Ng [2018] NSWSC 1050

Supreme Court New South Wales

Medium Neutral Citation: Prudence McDonald v Dr Ng;; Matthew McDonald by his tutor Prudence McDonald v Dr Ng [2018] NSWSC 1050 Hearing dates: 21 June 2018 Date of orders: 11 July 2018 Decision date: 11 July 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Pursuant to UCPR 23.4 that the plaintiff and the plaintiff's tutor, being the plaintiff's mother, each provide a blood sample for the purposes of whole genome testing.

(2) Costs are reserved. Catchwords: CIVIL PROCEDURE – order for each of the plaintiffs to provide a blood sample for the purpose of whole genome testing – Uniform Civil Procedure Rules 2005 (NSW), 23.4 – Civil Procedure Act 2002 (NSW), s 56 – exercise of discretion – cerebral palsy and hypoxia – whether there is sufficient evidence that the proposed testing has the capacity to throw light on the issue in the proceedings – whether there is an issue of substance which will be illuminated by the results of the test – where testing is in a research phase – where plaintiff has undergone previous tests Legislation Cited: Civil Procedure Act 2002 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), 23.1 and 23.4 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 known as the Children's Hospital Westmead and Anor [2010] NSWSC 891 C [2014] NSWSC 333 Purkess v Crittenden (1965) 114 CLR 164; [1965] HCA 34 Rowlands v State of New South Wales (2009) 74 NSWLR 715; [2009] NSWCA 136 Seltsam Pty Ltd v McGuiness [2000] NSWSC 29 Watts v Rake (1960) 108 CLR 150; [1960] HCA 58 Makita v Sprowles [2001] NSWCA 305 Category: Procedural and other rulings Parties: 2016/75145 Prudence McDonald (Plaintiff) R S Ng (First Defendant) South Western Sydney Local Health District t/as Campbelltown Hospital (Second Defendant)