Sheldon v MLC Nominees Pty Ltd & Anor [2006] NSWSC 700

Sheldon v MLC Nominees Pty Ltd & Anor [2006] NSWSC 700

In the absence of any application to have separate questions determined, and without evidence of undue prejudice to the Plaintiff, the Court should make case management orders to enable all relevant issues to be resolved at trial by requiring the Plaintiff to attend the assessment now.

Jurisdiction
Australia
Judgment Date
07 July 2006
Procedural Posture
Application Within Proceedings / Interlocutory
Outcome
Application granted.
Legal Topics
['medical Assessment Order' 'superannuation Benefit Disputes' 'case Management']
['practice and Procedure' 'equity'] ['medical Assessment Order' 'superannuation Benefit Disputes' 'case Management']

Case Brief

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Procedural Posture

Application Within Proceedings / Interlocutory

Legal Issues

  1. 1 ['Whether a vocational and functional assessment of the Plaintiff should be ordered before trial of all issues']

Ratio Decidendi

In the absence of any application to have separate questions determined, and without evidence of undue prejudice to the Plaintiff, the Court should make case management orders to enable all relevant issues to be resolved at trial by requiring the Plaintiff to attend the assessment now.

Court Disposition

Application granted.

Orders

  • ['Plaintiff is ordered to attend a vocational and functional assessment on 20 July 2006 to be conducted by Empact Pty Ltd.']