Holshandon Pty Limited; Rankin v Eakin [2014] NSWSC 1028

Holshandon Pty Limited; Rankin v Eakin [2014] NSWSC 1028

It is in accordance with the dictates of justice to allow defendants' expert to assess plaintiffs without the presence of plaintiffs' medical expert, and the Court has power to dispense with r 23.5 UCPR in these circumstances; orders were made for medical examinations and costs against plaintiffs.

Jurisdiction
Australia
Judgment Date
30 July 2014
Procedural Posture
Notice of Motion (procedural Ruling) / Interlocutory (pre Trial)
Outcome
Orders made requiring medical examinations, dispensation from r 23.5 UCPR, and orders for costs against plaintiffs subject to application.
Legal Topics
['medical Examination in Litigation' 'dispensation From Procedural Rules' 'natural Justice' 'expert Evidence']
['civil Procedure'] ['medical Examination in Litigation' 'dispensation From Procedural Rules' 'natural Justice' 'expert Evidence']

Case Brief

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Procedural Posture

Notice of Motion (procedural Ruling) / Interlocutory (pre Trial)

Legal Issues

  1. 1 ['Whether plaintiffs are required to attend medical examination by Dr Skinner' 'Whether plaintiffs are permitted to have a medical expert of their choice present at examination' 'Whether r 23.5 of the UCPR may be dispensed with under s 14 of the Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

It is in accordance with the dictates of justice to allow defendants' expert to assess plaintiffs without the presence of plaintiffs' medical expert, and the Court has power to dispense with r 23.5 UCPR in these circumstances; orders were made for medical examinations and costs against plaintiffs.

Court Disposition

Orders made requiring medical examinations, dispensation from r 23.5 UCPR, and orders for costs against plaintiffs subject to application.

Orders

  • ['Order David Rankin to attend medical examination with Dr Yvonne Skinner at 10 am on 8 September 2014.' 'Order Donna Rankin to attend medical examination with Dr Yvonne Skinner at 10 am on 11 September 2014.' 'Order Holly Rankin to attend medical examination with Dr Yvonne Skinner at 10 am on 15 September 2014.'...