Re Leith Dorene Patteson

[2016] QSC 104

SUPREME COURT OF QUEENSLAND

CITATION:

Re Leith Dorene Patteson [2016] QSC 104

PARTIES:

RE LEITH DORENE PATTESON
(applicant)

FILE NO:

BS 4099 of 2016

DIVISION:

Trial Division

PROCEEDING:

Originating Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED EX TEMPORE ON:

21 April 2016

DELIVERED AT:

Brisbane

HEARING DATE:

21 April 2016

JUDGE:

Burns J

ORDER:

The court orders that:

1.     The testes and any spermatozoa of the deceased, Tony Brian Deane, (“the Removed Tissue”) be removed;

2.     The Removed Tissue be provided to an IVF organization nominated by the applicant, Leith Dorene Patteson;

3.     Any blood tests advised by the IVF organization be carried out; and

4.     The Removed Tissue be stored pending a future application to the Supreme Court for the use of the Removed Tissue.

The court directs that this Order be served by telephone call and email from the applicant’s solicitors to:

1.     The IVF organisation;

2.     The facility at which the body of the deceased is currently being stored; and

3.     The family of the deceased, through their solicitors, Munro Legal, Ground Floor, 154 Hume Street, Toowoomba, 07 4659 9958, [e-mail].

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – GENERALLY – where the applicant made an urgent application seeking an order authorising the removal and storage of the testes and any spermatozoa from her recently deceased partner – whether such an order should be made

Transplantation and Anatomy Act 1979 (Qld), s 24

Baker v State of Queensland [2003] QSC 2
KJR v Attorney-General for Queensland [2008] QSC 325
Re Denman [2004] 2 Qd R 595
Re Floyd [2011] QSC 218
Re Gray [2001] 1 Qd R 35

COUNSEL:

K McMillan for the applicant
K Parrot for the amicus curiae

SOLICITORS:

Aden Lawyers for the applicant

Crown Law for the amicus curiae

[1]HIS HONOUR:   The applicant before the court is Leith Doreen Patteson.  Her fiancé, Tony Brian Deane, died late last night when the life support machine to which he was connected at the Toowoomba Base Hospital was disconnected.  Ms Patterson has applied to the Court for orders authorising the removal of the testes and any spermatozoa from Mr Deane’s body, the provision of what is removed to an IVF organisation nominated by her, the carrying out of any blood tests advised by the IVF organisation and the storage of the testes and any spermatozoa pending a future application to this court for their use.

[2]Ms Patteson is represented on this application by Ms McMillan QC.  Mr Parrott, who has considerable experience in this area, appears as amicus curiae and Mr Munro, who represents Mr Deane’s family but, in particular, Mr Deane’s parents, appears by telephone.

[3]Mr Parrott does not oppose the making of the orders sought and has very properly drawn to the court’s attention the doubts previously expressed as to whether the court may ultimately entertain an application such as this. See: Re Gray [2001] 1 Qd R 35; Baker v State of Queensland [2003] QSC 2.

[4]However,…