JKZ v The Scots College [2018] NSWSC 1526

JKZ v The Scots College [2018] NSWSC 1526

The defendant's request for a neuropsychological assessment was reasonable because the plaintiff brought a large and substantial psychiatric injury and economic loss claim, there were contested issues about causation and pre-existing psychiatric or psychological conditions, and expert material indicated the assessment could assist in determining the plaintiff's current cognitive, behavioural, psychological and psychiatric state. The plaintiff's refusal was also reasonably based because there was a real risk of re-traumatisation, particularly if he were required to recount or answer questions about the alleged abuse and complaints. Balancing those matters, the examination was necessary and...

Jurisdiction
Australia
Judgment Date
09 October 2018
Procedural Posture
Claim for Damages for Personal Injury, Including Psychiatric and Psychological Injury, Arising From Alleged Sexual Abuse at a School / Interlocutory Notice of Motion by the First Defendant Seeking Orders Under UCPR R 23.4 Compelling the Plaintiff to Submit to a Neuropsychological Assessment and Personality Assessment
Outcome
The first defendant's application was granted in part, with orders compelling the plaintiff to attend the neuropsychological and personality assessment subject to restrictions; costs were ordered to be costs in the cause and the balance of the Motion was stood over.
Legal Topics
['medical Examination Under UCPR R 23.4' 'neuropsychological Assessment' 'psychiatric Injury From Alleged Sexual Abuse' 'risk of Re Traumatisation' 'case Management and Interlocutory Orders']
['civil Procedure' 'personal Injury' 'expert Evidence'] ['medical Examination Under UCPR R 23.4' 'neuropsychological Assessment' 'psychiatric Injury From Alleged Sexual Abuse' 'risk of Re Traumatisation' 'case Management and Interlocutory Orders']

Case Brief

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Procedural Posture

Claim for Damages for Personal Injury, Including Psychiatric and Psychological Injury, Arising From Alleged Sexual Abuse at a School / Interlocutory Notice of Motion by the First Defendant Seeking Orders Under UCPR R 23.4 Compelling the Plaintiff to Submit to a Neuropsychological Assessment and Personality Assessment

Legal Issues

  1. 1 ["Whether the first defendant's request that the plaintiff attend a neuropsychological assessment and personality assessment was reasonable." "Whether the plaintiff's refusal to attend the examination was reasonable because of the risk of re-traumatisation and psychiatric harm." "Whether, balancing the plaintiff's personal liberty against the defendant's right to defend the proceedings, the Court should order the examination and impose conditions on its scope."]

Ratio Decidendi

The defendant's request for a neuropsychological assessment was reasonable because the plaintiff brought a large and substantial psychiatric injury and economic loss claim, there were contested issues about causation and pre-existing psychiatric or psychological conditions, and expert material indicated the assessment could assist in determining the plaintiff's current cognitive, behavioural, psychological and psychiatric state. The plaintiff's refusal was also reasonably based because there was a real risk of re-traumatisation, particularly if he were required to recount or answer questions about the alleged abuse and complaints. Balancing those matters, the examination was necessary and...

Court Disposition

The first defendant's application was granted in part, with orders compelling the plaintiff to attend the neuropsychological and personality assessment subject to restrictions; costs were ordered to be costs in the cause and the balance of the Motion was stood over.

Orders

  • ['Pursuant to r 23.4(1) of the Uniform Civil Procedure Rules 2005 ("UCPR"), order the plaintiff submit to a medical examination by way of a contemporaneous neuropsychological assessment and a personality assessment, by Dr Wendy Roberts on 15 and 16 October 2018 at 8:30am at First Floor, 40 Yeo Street, Neutral Bay,...