McKinnon, Grant v Commonwealth of Australia & Ors [1998] FCA 1095

McKinnon, Grant v Commonwealth of Australia & Ors [1998] FCA 1095

Where a reasonable request for a medical examination is not complied with and the Respondents' case may be materially affected, a stay may be granted; however, a demonstrated medical reason supported by evidence may justify non-attendance.

Parties
Applicant: Grant McKinnon; First Respondent: Commonwealth of Australia; Second Respondent: State of New South Wales; Third Respondent: Martin McClean; Fourth Respondent: Kerr Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
27 August 1998
Procedural Posture
Practice & Procedure / Interlocutory Application for Stay and Related Directions
Outcome
Interlocutory directions made; costs reserved
Legal Topics
Stay of Proceedings, Medical Examination of Party
Practice and Procedure Stay of Proceedings Medical Examination of Party

Case Brief

Summary, issues, holding and outcome

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Parties

Grant McKinnon

Applicant

Commonwealth of Australia

First Respondent

State of New South Wales

Second Respondent

Martin McClean

Third Respondent

Kerr Australia Pty Ltd

Fourth Respondent

Procedural Posture

Practice & Procedure / Interlocutory Application for Stay and Related Directions

Legal Issues

  1. 1 Whether the Court has power to grant a stay where a reasonable request to attend a medical examination has not been complied with
  2. 2 Whether the Court has power to order attendance for a medical examination

Ratio Decidendi

Where a reasonable request for a medical examination is not complied with and the Respondents' case may be materially affected, a stay may be granted; however, a demonstrated medical reason supported by evidence may justify non-attendance.

Court Disposition

Interlocutory directions made; costs reserved

Orders

  • Each Respondent to advise Mr McKinnon by 4:00pm 31 August 1998 of the doctors, time, and place for proposed examinations, and whether near a dental surgery.
  • Mr McKinnon to advise by 4:00pm 4 September 1998 whether he will participate in the appointments.