PL by her tutor TL v Dunstan [2020] NSWSC 297

Supreme Court New South Wales

Medium Neutral Citation: PL by her tutor TL v Dunstan [2020] NSWSC 297 Hearing dates: 13 February 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Paragraph [2](f) of the amended notice of motion is dismissed.

(2) Pursuant to UCPR 23.4, the plaintiff is to provide a buccal sample for the purposes of:

(a) whole exome sequence testing;

(b) whole genome sequence testing;

(c) SNP microarray testing;

(d) array CGH testing; and

(e) fragile X testing

as set out in para [2](a)-(e) inclusive of the amended notice of motion.

(3) The plaintiff is to attend on Dr Ken MacLean for the purposes of counselling and provision of the sample.

(4) If the plaintiff does not attend on Dr Ken MacLean, the defendant is granted liberty to apply for a stay of proceedings.

(5) The sample found is to be subject to the testing as arranged by the defendant.

(6) The defendant is to make available a copy of any report with respect to the testing to the plaintiff's solicitor within 72 hours of receipt of that report.

(7) The defendant is to pay the costs of the medical examination and testing.

(8) The plaintiff is to answer particular 2, and particular 1 is to be answered but only in respect of the period of 24 May 2007 to 24 March 2008.

(9) The plaintiff is to provide copies of documents 1 to 6, redacted so as not to disclose the egg donor's identity, to the defendant's solicitor within 14 days.