Anka Vuksic v Permanent Trustee Co Ltd [2007] NSWSC 477

Anka Vuksic v Permanent Trustee Co Ltd [2007] NSWSC 477

Emotional distress from allegations concerning parentage is not a sufficient ground to refuse an order for parentage testing under s 26. Even if a sample from the deceased is inadmissible, testing of the plaintiff and comparison with the deceased's children may still be probative. An order against non-parties will not be made absent joinder or clear consent.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Application / Interlocutory
Outcome
Order made for parentage testing of plaintiff; order for testing non-parties refused; costs of notice of motion to be defendant's costs in proceedings.
Legal Topics
['parentage' 'parentage Testing' 'family Provision Act Application']
['family Law' 'equity'] ['parentage' 'parentage Testing' 'family Provision Act Application']

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Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 ['Whether the Court should order the plaintiff to undergo parentage testing under s 26 of the Status of Children Act 1996 (NSW)' "Whether the distress caused to the plaintiff by implications of her mother's infidelity is a sufficient ground to refuse testing" 'Whether a sample from the deceased not taken according to the prescribed Regulation procedures affects admissibility of parentage evidence' 'Whether a parentage test should be ordered against persons not joined as parties to the proceedings']

Ratio Decidendi

Emotional distress from allegations concerning parentage is not a sufficient ground to refuse an order for parentage testing under s 26. Even if a sample from the deceased is inadmissible, testing of the plaintiff and comparison with the deceased's children may still be probative. An order against non-parties will not be made absent joinder or clear consent.

Court Disposition

Order made for parentage testing of plaintiff; order for testing non-parties refused; costs of notice of motion to be defendant's costs in proceedings.

Orders

  • ['Plaintiff to undergo parentage testing procedures as per s 26 of the Status of Children Act 1996 (NSW), using best endeavours to comply with the Regulation.' 'Order for testing against non-party children of deceased refused.' "Defendant's costs of notice of motion of 21 December 2006 to be defendant's costs in the...