Noone v Genea [2020] NSWSC 118

Supreme Court New South Wales

Medium Neutral Citation: Noone v Genea [2020] NSWSC 118 Hearing dates: 19 February 2020 Date of orders: 19 February 2020 Decision date: 19 February 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: THE COURT DECLARES that:

(1) Ms Catherine Bridget Noone is, for the purposes of the Human Tissue Act 1983, the Senior Available Next of Kin of the late Mr Paul Lum.

(2) Ms Catherine Bridget Noone, has by written instrument dated 19 February 2020 (being Exhibit A in the proceedings), validly authorised under s 24(3) of the Human Tissues Act 1983, the extraction of all and any reproductive tissue from the body of the late Mr Paul Lum, as is necessary for the purpose of Assisted Reproductive Treatment, such purpose being a "therapeutic or medical purpose" within the meaning of s 24(3).

THE COURT ORDERS that:

(3) Any such reproductive tissue extracted from the body of the late Mr Paul Lum is to be released to Ms Catherine Bridget Noone, but only upon her causing a suitably equipped transportation company or courier to collect it on her behalf for transport to an authorised facility.

(4) Ms Catherine Bridget Noone is authorised to arrange for the storage of the removed reproductive tissue at a suitable storage facility until any order granting the use of that tissue is made, should such order be necessary. Catchwords: URGENT HEARING – husband of plaintiff just passed away – whether plaintiff has validly authorised spermatozoa removal for IVF treatment – Human Tissues Act 1983, s 24 Legislation Cited: Human Tissues Act 1983 Coroner's Act 2009 Cases Cited: Chapman v South Eastern Sydney Local Health District [2018] NSWSC 1231 Category: Principal judgment Parties: Catherine Bridget Noone (Plaintiff) Genea (Defendant) Representation: Counsel: E James (Plaintiff)