McKinnon, Grant v Commonwealth of Australia & Ors [1998] FCA 1456

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. Aspinall v Sterling Mansell Ltd [1981] 3 All ER 866 – distinguished Prescott v Bulldog Tools Ltd [1981] 3 All ER 869 – cited GRANT McKINNON v COMMONWEALTH OF AUSTRALIA & ORS NG 518 of 1996 HILL J SYDNEY 19 NOVEMBER 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 McLEAN

Third Respondent

KERR AUSTRALIA PTY LIMITED

ACN 003 929 100

Fourth Respondent

OTHERS

Fifth to Eleventh Respondents

JUDGE: HILL J

DATE: 19 NOVEMBER 1998

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The Respondents notify the Applicant of the appointments that have been made for medical examinations for him in Sydney on or before seven days from today, those appointments not being adjacent to a dental surgery.

2. In the event that the Applicant does not participate in those examinations, leave be granted to the Respondents to have the motions relisted on 48 hours notice so that the proceedings may be stayed against the Respondent or Respondents whose expert medical appointments are not kept. 3. The Applicant pay the costs of the Respondents' motions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 518 of 1996

BETWEEN: GRANT McKINNON

Applicant

AND: COMMONWEALTH OF AUSTRALIA