Wells by his tutor McGuffog v Hunter New England Local Health District [2018] NSWSC 1877

Supreme Court New South Wales

Medium Neutral Citation: Wells by his tutor McGuffog v Hunter New England Local Health District [2018] NSWSC 1877 Hearing dates: 18 October 2018, 7 November 2018 Date of orders: 07 December 2018 Decision date: 07 December 2018 Jurisdiction: Common Law Before: Johnson J Decision: 1. An order for medical examination under Rule 23.4 Uniform Civil Procedure Rules 2005 will be made with respect to the Plaintiff.

2. An order for medical examination under Rule 23.4 of the Plaintiff's tutor (mother) is refused. Catchwords: CIVIL PROCEDURE – application for medical examination of Plaintiff and Plaintiff's tutor (mother) – blood test for purposes of Whole Exome Sequencing/Next Generation Sequencing testing – consideration of principles to be applied on application under Rule 23.4 Uniform Civil Procedure Rules 2005 – test of adjectival relevance - whether genetic testing has capacity to shed light on issue of causation - order to be made with respect to Plaintiff – order declined with respect to Plaintiff's tutor (mother) Legislation Cited: Civil Procedure Act 2005 Status of Children Act 1996 Uniform Civil Procedure Rules 2005 Cases Cited: Boral Transport Pty Limited v Gulic [2013] NSWCA 150 Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Fernando v Commissioner of Police (1995) 36 NSWLR 567 Furesh v Schor (2013) 45 WAR 546; [2013] WASCA 231 Hamilton v State of New South Wales [2013] NSWSC 1437 Harriton v Stephens (2004) 59 NSWLR 694; [2004] NSWCA 93 KF by her tutor RF v Royal Alexandra Hospital for Children known as the Children's Hospital Westmead and Anor [2010] NSWSC 891 Kohari v NSW Trustee and Guardian [2016] NSWSC 1372 Kurnell Passenger and Transport Service Pty Limited v Randwick City Council (2009) 230 FLR 336; [2009] NSWCA 59 McDonald v Ng; McDonald (by his tutor Prudence McDonald) v Ng [2018] NSWSC 1050 Nguyen v Tran [2018] NSWCA 215 Plowman v Sisters of St John of God Inc [2014] NSWSC 333 Rowlands v State of New South Wales (2009) 74 NSWLR 715; [2009] NSWCA 136 S v S [1972] AC 24 Seltsam Pty Limited v McGuiness (2000) 49 NSWLR 262; [2000] NSWCA 29 Yakmor v Hamdoush (No. 2) (2009) 76 NSWLR 148; [2009] NSWCA 284 Zraika (by his tutor Halima Zraika) v Walsh [2014] NSWSC 1774 Texts Cited: --- Category: Procedural and other rulings Parties: Cameron Aiden Wells by his tutor Tanya Denise McGuffog (Plaintiff) Hunter New England Local Health District (Defendant) Representation: Counsel: Mr D Hirsch (Plaintiff) Mr SA Woods (Defendant)