Vincent v SAS Trustee Corporation [2016] NSWDC 73

District Court New South Wales

Medium Neutral Citation: Vincent v SAS Trustee Corporation [2016] NSWDC 73 Hearing dates: 14 March 2016 Date of orders: 14 March 2016 Decision date: 14 March 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Notice of motion is dismissed

Defendant to pay plaintiff's costs of the motion

Hearing date of 18 April 2016 confirmed

Leave to the defendant to serve an up-to-date comment from Dr George on the opinion of Dr Anderson Catchwords: POLICE SUPERANNUATION – Practice and Procedure – Motion to compel plaintiff to attend a forensic psychological examination - Assessing doctor diagnosed plaintiff with 3% WPI in 2014 and 7% in 2015 and indicated difference between 2014 and 2015 figures relates to a degree of variation and inconsistency in the plaintiff's presentation – Assessing doctor recommended "MMPI-2-RF" forensic psychological examination – Medical examinations must be relevant to a party's physical or mental condition where it is an issue in the proceedings and cannot be used for a collateral purpose such as testing a party's credibility – No distinction between seeking to obtain evidence about a party's reliability generally and seeking to obtain evidence concerning the reliability of statements taken into account when performing WPI assessment for psychiatric or psychological injury – No proper purpose in ordering plaintiff to attend upon examination Legislation Cited: Evidence Act 1995 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Boral Transport Pty Limited v Gulic [2013] NSWCA 150 Rowlands v State of NSW [2009] NSWCA 136 Category: Procedural and other rulings Parties: Andrew Vincent (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Counsel: Mr T Ower (Plaintiff) Mr L Robison (Defendant)