NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Angela Campbell Pty Ltd as trustee for Halina Superannuation Fund v Westpac Financial Services [2015] NSWSC 1495 Hearing dates: 29 June 2015 Date of orders: 29 June 2015 Decision date: 29 June 2015 Jurisdiction: Equity - Duty List Before: Brereton J Decision: Dr Angela Campbell to attend medical examination; proceedings stayed unless and until Dr Campbell attends such appointment. Catchwords: PROCEDURE – medical examination – examination of non-party – power to make order under (NSW) Uniform Civil Procedure Rules 2005, r 23.4 – provision that costs of examination be covered by defendant. Legislation Cited: (NSW) Compensation to Relatives Act 1897 (NSW) Uniform Civil Procedure Rules 2005, r 23, r 23.4 Cases Cited: Baugh v Delta Water Fittings Ltd [1971] 1 WLR 1295 Edmeades v Thames Board Mills Ltd [1969] 2 QB 67; [1969] 2 All ER 127 Hannover Life Re of Australasia Ltd v Sayseng [2005] NSWCA 214 Kurnell Passenger & Transport Service Pty Ltd v Randwick City Council [2009] NSWCA 59 Texts Cited: Ritchie's Uniform Civil Procedure NSW (LexisNexis) Category: Procedural and other rulings Parties: Angela Campbell Pty Ltd as trustee for Halina Superannuation Fund (plaintiff) Westpac Life Insurance Services Limited ABN 31 003 149 157 (defendant) Representation: Counsel: J Anderson (plaintiff) D Berberia (defendant)
Solicitors: Hudson Law Pty Limited (plaintiff) Henry Davis York (defendant) File Number(s): 2014/304560
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