Kenny v Catholic Diocese Of Maitland-Newcastle [2020] NSWDC 481

Kenny v Catholic Diocese Of Maitland-Newcastle [2020] NSWDC 481

The defendant was entitled to a neuropsychological assessment and was not precluded by its decision not to serve its psychiatrist's report, but the examination had to occur in Adelaide because requiring the plaintiff to travel to Sydney and then quarantine on return during the COVID-19 pandemic risked adverse mental health consequences; in the circumstances the burden of any inconvenience or expense should fall on the applicant, particularly where qualified professionals were available in Adelaide.

Jurisdiction
Australia
Judgment Date
24 August 2020
Procedural Posture
Personal Injury Damages Claim Arising From Alleged Physical, Emotional and Sexual Abuse in Foster Care / Defendant's Notice of Motion for Plaintiff to Submit to Neuropsychological Examination
Outcome
Notice of motion granted in part; plaintiff ordered to submit to neuropsychological examination in Adelaide, with costs in the cause.
Legal Topics
['medical Examination of Plaintiff' 'neuropsychological Assessment' 'expert Evidence' 'covid 19 Travel Restrictions' 'case Management']
['civil Procedure' 'personal Injury'] ['medical Examination of Plaintiff' 'neuropsychological Assessment' 'expert Evidence' 'covid 19 Travel Restrictions' 'case Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Personal Injury Damages Claim Arising From Alleged Physical, Emotional and Sexual Abuse in Foster Care / Defendant's Notice of Motion for Plaintiff to Submit to Neuropsychological Examination

Legal Issues

  1. 1 ['Whether the defendant should be permitted to have the plaintiff submit to a neuropsychological examination.' "Whether the defendant was precluded from obtaining a neuropsychological examination because it had not served an existing psychiatrist's report." "Whether any examination should occur in Sydney or Adelaide in light of the plaintiff's mental health and COVID-19 quarantine restrictions."]

Ratio Decidendi

The defendant was entitled to a neuropsychological assessment and was not precluded by its decision not to serve its psychiatrist's report, but the examination had to occur in Adelaide because requiring the plaintiff to travel to Sydney and then quarantine on return during the COVID-19 pandemic risked adverse mental health consequences; in the circumstances the burden of any inconvenience or expense should fall on the applicant, particularly where qualified professionals were available in Adelaide.

Court Disposition

Notice of motion granted in part; plaintiff ordered to submit to neuropsychological examination in Adelaide, with costs in the cause.

Orders

  • ['The plaintiff is to submit to neuropsychological examination, which is to be conducted in Adelaide at a time and place notified by the solicitors.' 'The costs of this application are to be costs in the cause.']