Price v Clearview Life Nominees Pty Ltd & Ors [2023] NSWSC 597

Supreme Court New South Wales

Medium Neutral Citation: Price v Clearview Life Nominees Pty Ltd & Ors [2023] NSWSC 597 Hearing dates: 23 May 2023 Date of orders: 2 June 2023 Decision date: 05 June 2023 Jurisdiction: Equity Before: Slattery J Decision: Registrar's decision to allow the medical examination to proceed substantially upheld. The Court directs consultations to take place between the medical experts engaged by both sides to set medical requirements which must be met by the plaintiff on presentation for the examination before the medical examination can proceed and allows the medical expert to refuse to proceed with the medical examination if the medical requirements are not met. Catchwords: CIVIL PROCEDURE - appeal from a decision of registrar pursuant to Uniform Civil Procedure Rules 2005 – medical examination of a plaintiff – plaintiff claims to be totally and permanently disabled within the meaning of two insurance policies under which he claims to be entitled to benefits – plaintiff required to attend medical examination in July 2022 – plaintiff's legal representatives objected to holding the medical examination but it proceeded – the plaintiff presented in person to the medical examination but was unable to participate – medical expert terminated the examination – plaintiff refuses to undertake further medical examination – defendants seek a stay in the event the plaintiff does not undertake further medical examination – whether the plaintiff should be required to undertake further medical examination. Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58 Uniform Civil Procedure Rules 2005, rr 23.4, 23.5, 49.20 Cases Cited: Harrod v MetLife Insurance Ltd [2019] NSWSC 28 JKZ v The Scots College [2018] NSWSC 1526 Tomko v Palasty (No.2) (2007) NSWLR 61 Category: Consequential orders Parties: Plaintiff: Russell Price First Defendant: Clearview Life Nominees Pty Limited ABN 37 003 682 175 Second Defendant: Clearview Life Assurance Limited ABN 12 000 021 581 Representation: Counsel: Plaintiff: A. Coombes Second Defendant: C. Purdy