DIGITAL EQUIPMENT CORPORATION (AUSTRALIA) PTY LTD v SPATARO [1993] NSWCA 82

DIGITAL EQUIPMENT CORPORATION (AUSTRALIA) PTY LTD v SPATARO [1993] NSWCA 82

No error of principle or relevant serious injustice was shown in the trial judge's refusal to order further medical examination. The application was extremely belated and would cause inconvenience, which could be avoided. The relevant Supreme Court Rules cited are not applicable to the situation.

Parties
Claimant: Digital Equipment Corporation (Australia) Pty Ltd; Opponent: Anthony Spataro
Jurisdiction
Australia
Judgment Date
01 November 1993
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
application for leave to appeal refused
Legal Topics
Medical Examination, Expert Evidence, Interlocutory Appeal
Practice and Procedure Medical Examination Expert Evidence Interlocutory Appeal

Case Brief

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Parties

Digital Equipment Corporation (Australia) Pty Ltd

Claimant

Anthony Spataro

Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the refusal to order medical examination by a rehabilitation specialist amounted to error justifying leave to appeal
  2. 2 Whether the application was unduly belated
  3. 3 Applicability of Pt25 R7B Supreme Court Rules

Ratio Decidendi

No error of principle or relevant serious injustice was shown in the trial judge's refusal to order further medical examination. The application was extremely belated and would cause inconvenience, which could be avoided. The relevant Supreme Court Rules cited are not applicable to the situation.

Court Disposition

application for leave to appeal refused

Orders

  • Summons dismissed with costs.