Holshandon Pty Limited; Rankin v Eakin [2014] NSWSC 1028

Supreme Court New South Wales

Medium Neutral Citation: Holshandon Pty Limited; Rankin v Eakin [2014] NSWSC 1028 Hearing dates: 28 July 2014 Decision date: 30 July 2014 Jurisdiction: Common Law Before: Adamson J Decision: In proceedings 297481 of 2009 (1) Order the second plaintiff, David Rankin, to attend a medical examination with Dr Yvonne Skinner at 10 am on 8 September 2014. (2) Order the third plaintiff, Donna Rankin, to attend a medical examination with Dr Yvonne Skinner at 10 am on 11 September 2014. (3) Order the fourth plaintiff, Holly Rankin, to attend a medical examination with Dr Yvonne Skinner at 10 am on 15 September 2014. (4) Dispense with the requirement in r 23.5 of the UCPR that Dr Skinner permit a medical expert of the plaintiff's choice to be present for such an examination and direct each of the plaintiffs referred to above to attend their respective medical examinations without a medical expert. (5) Subject to a written application for a different order being made to my associate within seven days, order the second, third and fourth plaintiffs to pay the defendants' costs of the motion. In proceedings 297482 of 2009 (1) Order the plaintiff, Madeline Barlow-Smith, to attend a medical examination with Dr Yvonne Skinner at 10 am on 16 September 2014. (2) Dispense with the requirement in r 23.5 of the UCPR that Dr Skinner permit a medical expert of the plaintiff's choice to be present for such an examination and direct the plaintiff referred to above to attend her medical examination without a medical expert. (3) Subject to a written application for a different order being made to my associate within seven days, order the plaintiff to pay the defendants' costs of the motion. Catchwords: PROCEDURE - notice of motion - defendants seek orders that plaintiffs attend medical consultations and dispensation from plaintiffs' right under r 23.5 of the Uniform Civil Procedure Rules NSW (2005) to have a medical expert present - whether power to dispense with such right under s 14 of the Civil Procedure Act 2005 (NSW) - natural justice dictated that the defendants be allowed to re-examine the plaintiffs - presence of other expert likely to be deleterious to examination - orders for examination made on condition that plaintiffs not entitled to have expert present Legislation Cited: Civil Procedure Act 2005 (NSW), ss 14, 56, 57, 58, 61 Rules of the Supreme Court 1971 (WA) Rules of the Supreme Court 1965 (England) Uniform Civil Procedure Rules 2005 (NSW), r 23.4, r 23.5 Cases Cited: Hall v Avon Area Health Authority [1980] 1 WLR 481 Jeffrey & Katauskas Pty Limited v SST Consulting Pty Limited [2009] HCA 43; 239 CLR 75 Morgan v William Dixon [1912] AC 74 Ryan v Regent Enterprises Pty Limited (1991) 3 WAR 552 Category: Procedural and other rulings Parties: Proceedings 297481 of 2009