Angius v Salier [2020] NSWSC 114

It is appropriate to order a medical examination of the plaintiff due to the relevance of his capacity to the proceedings, current inability to provide instructions, and to prevent further delays in the just and efficient resolution of the case.

Parties: Plaintiff: John Angius; First Defendant: Gordon Albert Salier; Second Defendant: Angius Hotel Investments Pty Ltd; Third Defendant: Togumi Pty Ltd; Fourth Defendant: J & L Angius Pty Ltd; Fifth Defendant: Tararba Pty Ltd; Sixth Defendant: Angius Investments Pty Ltd; Seventh Defendant: Robert Angius
Jurisdiction: Australia
Judgment Date: 11 February 2020
Procedural Posture: Civil / Interlocutory Application
Outcome: Orders made for medical examination and costs; proceedings listed for further directions.
Legal Topics: Medical Examinations, Capacity of Parties, Costs

Civil Procedure Medical Examinations Capacity of Parties Costs

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Parties

John Angius

Plaintiff

Gordon Albert Salier

First Defendant

Angius Hotel Investments Pty Ltd

Second Defendant

Togumi Pty Ltd

Third Defendant

J & L Angius Pty Ltd

Fourth Defendant

Tararba Pty Ltd

Fifth Defendant

Angius Investments Pty Ltd

Sixth Defendant

Robert Angius

Seventh Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

1 Whether a medical examination of the plaintiff should be ordered to determine capacity

Ratio Decidendi

Court Disposition

Orders made for medical examination and costs; proceedings listed for further directions.

Orders

Order that the plaintiff be medically examined by Dr Jane Lonie, neuropsychologist, regarding his capacity to give instructions, understand and manage his affairs.
Order that the plaintiff submit to said examination at Dr Lonie's practice on 18 March 2020 at 1pm.