McKinnon, Grant v Commonwealth of Australia & Ors [1998] FCA 1456

McKinnon, Grant v Commonwealth of Australia & Ors [1998] FCA 1456

The risk to Mr McKinnon in attending medical examinations in Sydney was not demonstrated to be real and substantial on the medical evidence; given no real risk of harm was established, his refusal to attend the requested examinations is not reasonable, and the respondents are entitled to an order for notification and a stay if not complied with.

Jurisdiction
Australia
Judgment Date
19 November 1998
Procedural Posture
Interlocutory Motion in Ongoing Civil Proceeding / Application to Stay Proceedings; Orders on Discovery/compliance
Outcome
Conditional orders made; stay of proceedings if applicant fails to comply; costs awarded to respondents.
Legal Topics
['medical Examination of Applicant' 'stay of Proceedings' 'reasonableness of Refusal to Attend Examination']
['civil Procedure'] ['medical Examination of Applicant' 'stay of Proceedings' 'reasonableness of Refusal to Attend Examination']

Case Brief

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Procedural Posture

Interlocutory Motion in Ongoing Civil Proceeding / Application to Stay Proceedings; Orders on Discovery/compliance

Legal Issues

  1. 1 ['Whether the Court has power to grant a stay for non-compliance with reasonable medical examination requests' 'Whether the applicant faces a real risk to health by attending medical appointments in Sydney']

Ratio Decidendi

The risk to Mr McKinnon in attending medical examinations in Sydney was not demonstrated to be real and substantial on the medical evidence; given no real risk of harm was established, his refusal to attend the requested examinations is not reasonable, and the respondents are entitled to an order for notification and a stay if not complied with.

Court Disposition

Conditional orders made; stay of proceedings if applicant fails to comply; costs awarded to respondents.

Orders

  • ['Respondents to notify applicant of medical examination appointments in Sydney (not adjacent to dental surgery) within seven days.' 'If applicant does not attend, leave to relist motions on 48 hours notice for stay of proceedings against relevant respondent(s).' "Applicant to pay costs of respondents' motions."]