Prudence McDonald v Dr Ng; Matthew McDonald by his tutor Prudence McDonald v Dr Ng

The plaintiffs, Prudence McDonald and her son Matthew, commenced proceedings against Dr Ng for alleged medical negligence. The case was heard in the Supreme Court of New South Wales. Prudence McDonald sought damages on behalf of her son Matthew, who suffers from cerebral palsy, for the medical treatment Dr Ng provided during Matthew's birth. The court was required to determine whether there was sufficient evidence that whole genome testing would provide insight into the issues in the proceedings and if the testing would illuminate any substantive issues. Specifically, the court had to consider whether the proposed testing had the capacity to throw light on the issue of whether Matthew's cerebral palsy was caused by hypoxia during birth and if such testing would provide evidence that would be material to the outcome of the case.

The court noted that whole genome testing was in a research phase and that Matthew had previously undergone testing for the condition. The plaintiffs argued that the testing could provide evidence that would be material to the outcome of the case, while the defendant argued that the testing was not relevant to the issues in the proceedings. The court held that there was insufficient evidence that the proposed testing had the capacity to throw light on the issue in the proceedings and that there was no issue of substance which would be illuminated by the results of the test. The court found that the plaintiffs had failed to establish that the proposed testing would provide evidence that would be material to the outcome of the case. The court ordered each of the plaintiffs to provide a blood sample for the purpose of whole genome testing. The court considered the exercise of its discretion under Uniform Civil Procedure Rules 2005 (NSW), 23.4 and Civil Procedure Act 2002 (NSW), s 56 in reaching its decision.