Another order for genetic testing

Earlier this year saw the making of orders regarding genetic testing, in the matter of Plowman v Sisters of St John of God Inc [2014] NSWSC 333.

That issue has been revisited in reasons for judgment today: Zraika v Walsh [2014] NSWSC 1774. The proceedings arose following the plaintiff’s mothers involvement in a motor vehicle accident, argued to be the cause of his injuries.

Earlier tests for possible genetic causes of his disabilities had been planned but insufficient blood was taken: [4]. Some medical practitioners had provided opinions to the effect that a genetic cause for the plaintiff’s disorder was most likely: [19].

There was evidence of a laboratory in California where specialist genomic testing could take place. There was argument about delay as the appointed hearing date could not be safely retained: [49]

At [38] the court was satisfied that there was a live issue as to the cause or causes of the plaintiff’s physical incapacity and intellectual difficulty; also that the proposed testing has the capacity to throw light on the issue in the proceedings.

Orders for testing were made.