NSW Caselaw
Reported Decision: 74 NSWLR 715
New South Wales Court of Appeal
CITATION: Rowlands v State of New South Wales [2009] NSWCA 136 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 13 May 2009
JUDGMENT DATE: 3 June 2009
JUDGMENT OF: Allsop P at 1; Hodgson JA at 2; Tobias JA at 60
(1) Leave to appeal granted, applicant to file a notice of appeal within fourteen days. DECISION: (2) Appeal allowed. (3) That the respondents submit short minutes of order giving effect to par [58] of these reasons within fourteen days, if there is consent to the short minutes; and if there is no consent, that the respondents submit their proposed version of the short minutes, with submissions, within fourteen days, with the applicant to submit its proposed short minutes, with submissions, within a further fourteen days.
CATCHWORDS: PROCEDURE – Medical examination – Neuropsychological testing – Reliability of such testing affected by drug use – Defendants seek order that plaintiff submit to drug testing – Whether such an order authorised by UCPR Part 23 – Whether such an order precluded by privilege against self-incrimination – Whether such an order justified by the evidence – Relevance of power to stay proceedings – Form of orders.
LEGISLATION CITED: Civil Procedure Act 2005, ss 56, 57, 61, 67 Uniform Civil Procedure Rules 2005, Part 23.
CATEGORY: Principal judgment
Azzopardi v the Queen [2001] HCA 25; (2001) 205 CLR 50 Council of NSW Bar Association v Archer [2008] NSWCA 164 Fernando v Commissioner of Police (1995) 36 NSWLR 567 Herbert v O'Neill (Supreme Court of New South Wales, Sharpe J, 30 November 1979, unreported)) CASES CITED: Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Philips Electronics Australia Pty Limited v Matthews [2002] NSWCA 157; (2002) 54 NSWLR 598 Reid v Howard [1995] HCA 40; (1995) 184 CLR 1 Suttor v Gundowda Pty Limited [1950] HCA 35; (1950) 81 CLR 418 In Re Westinghouse Uranium Contract [1978] AC 547
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