KF By Her Tutor RF v Royal Alexandra Hospital for Children known as the Children's Hospital Westmead and Anor

The case involved a plaintiff, KF, represented by her tutor RF, who brought a claim against the Royal Alexandra Hospital for Children and a paediatrician, alleging negligence in failing to diagnose and treat hypoglycaemia and hyperinsulinism in an infant. KF, who is now a child, suffered alleged disabilities including developmental delay and verbal expressive disorder as a result of the alleged negligence. The paediatrician sought an order for KF to undergo genetic testing to ascertain whether her developmental delay and verbal expressive disorder had a genetic cause, thereby excluding them as consequences of the delayed diagnosis. The court was required to determine whether the application for a medical examination was relevant, and if so, whether the discretionary factors weighed in favour of allowing the examination.

The court considered the principles applicable to interlocutory applications for medical examinations, including the test of adjectival relevance, which assesses whether the proposed examination is relevant to a live issue in the proceeding. The court also examined the history of the proceedings, noting the delay in the application for the examination. It considered the relevant discretionary factors, including the likelihood of the examination proving or disproving a significant fact in issue, and the importance of that fact in the context of the proceeding. The court assessed whether there was a substantial cause of action, and whether the application for the examination was in the interests of justice.

The court found that the application for a medical examination was relevant and in the interests of justice, taking into account the likelihood of the examination proving or disproving a significant fact in issue. The court noted that the proposed examination could potentially establish whether KF's disabilities had a genetic cause, which would be critical to determining the merits of the claim. The court also considered the delay in the application, but concluded that this factor did not weigh heavily against granting the order, given the importance of the examination to the proceeding. The court made an order for KF to undergo the proposed medical examination.