Plaintiff [name withheld] v Stapleton [2017] NSWSC 914

Supreme Court New South Wales

Medium Neutral Citation: Plaintiff [name withheld] v Stapleton [2017] NSWSC 914 Hearing dates: 19 June 2017 Decision date: 19 June 2017 Jurisdiction: Common Law Before: McCallum J Decision: Requirement on the plaintiff to attend a medical examination in accordance with the first defendant's notice pursuant to r 23.2 of the UCPR served on 18 April 2017 dispensed with Catchwords: EXPERT EVIDENCE – claim for damages for psychiatric injury due to alleged sexual assault – request on behalf of first defendant that plaintiff submit to examination by a psychiatrist – where plaintiff has already submitted to examination by a different psychiatrist at the request of the second defendant –risk that plaintiff would be traumatised by further examination – need to balance interests of both parties Legislation Cited: Civil Procedure Act 2005 (NSW), s 56(3) Uniform Civil Procedure Rules 2005 (NSW), rr 23.2, 31.20(2)(e) Cases Cited: Angliss v Urquhart [2001] NSWCA 441 Crofts v The State of Queensland [2001] QSC 220 Prescott v Bulldog Tools Limited [1981] 3 All ER 869 Category: Procedural and other rulings Parties: [name withheld] (plaintiff) Kim Stapleton (first defendant) Trustees of the Christian Brothers (second defendant) Commonwealth of Australia (third defendant) Representation: Counsel: B Gross QC, S Dixon (plaintiff) M Daly (first defendant) N Ward (second defendant) A Burke (third defendant)