Griffin v Attorney General of New South Wales

The case of Griffin v Attorney General of New South Wales involved a dispute over the possession of sperm removed from a deceased man for the purposes of in vitro fertilisation. The plaintiff sought to have the sperm released to him for use in Queensland, where he intended to undergo treatment. The defendant, the Attorney General of New South Wales, argued that the sperm belonged to the deceased and was subject to state legislation, which did not allow for its removal from the state. The matter was brought before the Supreme Court of New South Wales.

The primary legal issue was whether the plaintiff had a right to possession of the sperm, and if so, whether it could be removed from the state. The court had to consider the relevant legislative provisions and their applicability to the case. It was necessary to determine whether the plaintiff's rights under the Human Tissue Act 1982 (NSW) outweighed the statutory requirements that the sperm be stored in a facility within New South Wales.

The court found that the plaintiff did have a right to possession of the sperm, as he had given written consent for its removal and intended to use it for in vitro fertilisation. However, the court also held that the relevant legislation did not permit the removal of the sperm from New South Wales. The court emphasised the importance of ensuring that the deceased's wishes were respected, but also noted the need to balance this against the statutory requirements for the storage of human tissue. The court concluded that the plaintiff was not entitled to have the sperm removed from the state.

The court ordered that the sperm remain in storage in New South Wales, but that the plaintiff be allowed to visit the storage facility to retrieve the sperm for use in treatment in Queensland. The court also ordered that the defendant pay the plaintiff's costs of the proceedings.