Graham v Peabody Energy Australia Pty Ltd [2023] NSWSC 1087

Supreme Court New South Wales

Medium Neutral Citation: Graham v Peabody Energy Australia Pty Ltd [2023] NSWSC 1087 Hearing dates: 23 August 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: 1. The motion is dismissed. 2. The defendant is to pay the plaintiff's costs of the motion. Catchwords: CIVIL PROCEDURE – Medical examinations – claim for work injury damages – where defendant seeks orders that the plaintiff attend a further psychological examination – r 23.4 of Uniform Civil Procedure Rules 2005 (NSW) – whether the further examination is reasonable in all the circumstances – whether further examination of the plaintiff will be injurious to his health – motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58 Uniform Civil Procedure Rules 2005 (NSW), rr 23.4, 23.5 Cases Cited: Chopra v State of NSW (South Western Sydney Local Health District) [2023] NSWCA 142 Hill v Sydney Night Patrol & Inquiry Co Pty Ltd t/as SNP Security [2021] NSWSC 1425 JKZ v The Scots College [2018] NSWSC 1526 Plaintiff [name withheld] v Stapleton [2017] NSWSC 914 Rowlands v State of New South Wales (2009) 74 NSWLR 715; [2009] NSWSC 136 Category: Procedural rulings Parties: Sidney Allan Graham (Plaintiff) Peabody Energy Australia Pty Ltd (Defendant) Representation: Counsel: E Welsh (Plaintiff) L King SC (Defendant)

Solicitors: Brydens Lawyers Pty Ltd (Plaintiff) Hicksons Lawyers (Defendant) File Number(s): 2021/343929 Publication restriction: None