Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nottage v National Australia Bank Limited [2009] FCA 1571
PRACTICE AND PROCEDURE – whether applicant should be required to attend a medical examination – where applicant served a medical report but does not intend to rely on the report at trial – where no claim for physical or psychological injury – whether in the circumstances applicant should be required to attend a medical examination against his will Held: applicant not required to attend a medical examination Safety, Rehabilitation and Compensation Act 1988 (Cth) Trade Practices Act 1947 (Cth) Workers Compensation Act 1987 (NSW) CARL NOTTAGE v NATIONAL AUSTRALIA BANK LIMITED
NSD 1699 of 2008
JAGOT J
17 DECEMBER 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 1699 of 2008
BETWEEN: CARL NOTTAGE
Applicant
AND: NATIONAL AUSTRALIA BANK LIMITED
Respondent
JUDGE: JAGOT J
DATE OF ORDER: 17 DECEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The notice of motion filed in Court on 17 December 2009 be dismissed. 2. Costs reserved. 3. Vary Order 3 of the orders made on 24 November 2009 so that the relevant date is 12.00 pm on 23 December 2009. 4. Vary Order 5 of the orders made on 24 November 2009 so that the relevant date is 1 February 2010.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 1699 of 2008
BETWEEN: CARL NOTTAGE
Applicant
AND: NATIONAL AUSTRALIA BANK LIMITED
Respondent
JUDGE: JAGOT J
DATE: 17 DECEMBER 2009
PLACE: SYDNEY
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