McKinnon v Commonwealth of Australia [1999] FCA 717

McKinnon v Commonwealth of Australia [1999] FCA 717

Leave to appeal was refused because the challenged orders were interlocutory practice or case management orders, the applicant showed no sufficient doubt as to their correctness and no significant injustice, the stay imposed for failure to attend medical examinations was appropriate in the circumstances and not necessarily permanent, and the contention that attendance at medical examinations infringed civil liberty or the constitutional prohibition against civil conscription was entirely without merit.

Jurisdiction
Australia
Judgment Date
25 May 1999
Procedural Posture
Applications for Leave to Appeal From Interlocutory Judgments or Alleged Interlocutory Judgments / Ex Tempore Reasons for Judgment on Leave to Appeal
Outcome
Leave to appeal refused; applicant ordered to pay the respondents' costs of the applications for leave to appeal.
Legal Topics
['leave to Appeal From Interlocutory Judgments' 'pre Trial Case Management' 'stay of Proceedings' 'medical Examinations' 'costs']
['civil Procedure' 'appellate Procedure'] ['leave to Appeal From Interlocutory Judgments' 'pre Trial Case Management' 'stay of Proceedings' 'medical Examinations' 'costs']

Case Brief

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Procedural Posture

Applications for Leave to Appeal From Interlocutory Judgments or Alleged Interlocutory Judgments / Ex Tempore Reasons for Judgment on Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from Hill J's orders of 19 November 1998 concerning matters of practice." "Whether leave should be granted to appeal from Hill J's orders of 20 November 1998 made in relation to a notice of motion dated 17 June 1998." "Whether leave should be granted to appeal from Hill J's orders of 20 April 1999 staying the proceeding because Mr McKinnon had not participated in medical examinations arranged by the first and fourth respondents." 'Whether the requirement that Mr McKinnon attend medical examinations infringed his substantive right to civil liberty or the constitutional prohibition against civil conscription.']

Ratio Decidendi

Leave to appeal was refused because the challenged orders were interlocutory practice or case management orders, the applicant showed no sufficient doubt as to their correctness and no significant injustice, the stay imposed for failure to attend medical examinations was appropriate in the circumstances and not necessarily permanent, and the contention that attendance at medical examinations infringed civil liberty or the constitutional prohibition against civil conscription was entirely without merit.

Court Disposition

Leave to appeal refused; applicant ordered to pay the respondents' costs of the applications for leave to appeal.

Orders

  • ['Leave to appeal from the orders of Hill J of 19 November 1998 be refused.' 'Leave to appeal from the orders of Hill J of 20 November 1998 be refused.' 'Leave to appeal from the orders of Hill J of 20 April 1999 be refused.' "The applicant pay the respondents' costs of the applications for leave to appeal."]