Order for genetic testing

Plowman v Sisters of St John of God Inc. [2014] NSWSC 333 saw the Court make an order that the plaintiff (claiming against the defendant for birth trauma) attend to provide a blood sample, for the purpose of Array Comparative Genomic Hybridisation testing. Such testing had been suggested by a medical expert, given the somewhat atypical clinical picture of the plaintiff.

The Court commented at [84]:

The potential benefit to the defendant is significant. The detriment to the plaintiff is not sufficient to tip the balance against ordering the test. In fact, I am satisfied that, when all of the factors are considered, they point firmly in favour of the Court making the order sought.