A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Friday, 19 December 2014

Executive Summary (One Minute Read)
Eastbury v Genea Genetics (NSWSC) - limitations - claim against laboratory for failure to test for carrier status for genetic condition - extension of time granted
Summaries With Link (Five Minute Read)
Eastbury v Genea Genetics [2014] NSWSC 1793
Supreme Court of New South Wales
Hall J
Limitations - professional negligence - mental harm - plaintiffs were parents of two children born in 2008 and 2022 who were diagnosed with Fragile X syndrome - plaintiffs claimed damages in respect of genetic screening performed by defendant - plaintiffs sought order that limitation period for causes of action be extended pursuant to s60G Limitation Act 1969 (NSW) - particular facts and circumstances - alleged breach of duty by failure to test carrier status of plaintiff - prejudice - chances of fair trial - held: defendant did not establish discretion should be exercised against extension of time on basis of claimed actual or presumptive prejudice or that it was unlikely to have fair trial - limitation period extended.

The Veil

Bravely re-living
we summon the Babe
   to help us draw
the veil of celebration

And yet,
behind the veil,
   our hearts cry out
for a world
not veiled.

So did he.

And showed us how.

Reason enough
to celebrate,
I’d say.

DJC 2014