Recent Cases

Chopra v State of NSW (South Western Sydney Local Health District) [2023] NSWCA 142 (27 June 2023) (Mitchelmore and Kirk JJA, Simpson AJA)


Catchwords:


APPEAL – leave to appeal – appeal from interlocutory order – primary judge granted application for medical examination of plaintiff – application made after exchange of Pre-Filing Statement and Pre-Filing Defence (“PFD”) pursuant to Workplace Injury Management and Workers Compensation Act 1998 (NSW) – where PFD did not address plaintiff’s psychological condition – where test sought on basis that solicitor considered it necessary to evaluate risk of exaggeration or feigning of condition – whether error in allowing examination without considering unchallenged medical evidence that questioned efficacy of testing and raised serious concerns that it would be detrimental to plaintiff’s health – appeal allowed

CIVIL PROCEDURE – medical examinations – claim for work injury damages – defendant applied for medical examination of plaintiff – re-exercise of discretion under r 23.4 of Uniform Civil Procedure Rules 2005 (NSW) – whether defendant’s evidence supported alleged need for testing – specificity of medical evidence to plaintiff’s circumstances – application dismissed