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

FEDERAL COURT OF AUSTRALIA PRACTICE & PROCEDURE – whether Court has power to grant a stay where demonstrated that a reasonable request to attend a medical examination has not been complied with – claim that attendance would cause some deleterious effect to the Applicant – whether Court has power to order attendance for medical examination GRANT McKINNON v COMMONWEALTH OF AUSTRALIA & ORS NG 518 of 1996 HILL J SYDNEY 27 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 518 of 1996

BETWEEN: Grant McKinnon

Applicant

AND: Commonwealth of Australia

First Respondent

State of New South Wales

Second Respondent

Martin McClean

Third Respondent

Kerr Australia Pty Ltd

Fourth Respondent

JUDGE: HILL J

DATE OF ORDER: 27 AUGUST 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Each of the Respondents, desiring so to do, advise Mr McKinnon on or before 4:00pm on Monday 31 August 1998 of the names of the doctors they wish him to be examined by, the place at which the examination is to take place, the time and date at which it is to take place and whether the place is near to or in the vicinity of a dental surgery. 2. Should Mr McKinnon agree to participate in those appointments, he advise each of the Respondents on or before 4:00pm on 4 September 1998. 3. Should Mr McKinnon wish to decline to attend all or any of the appointments in question, he file an affidavit or medical report and serve it upon each of the Respondents setting out the reasons why his attendance would have some health impact on him by 11 September 1998. If he is unable to do so, he should at least indicate to the parties that he proposes to call medical evidence.