In personal injury proceedings under s 25 of the Evidence Act 1910 (Tas), the burden is on the plaintiff to demonstrate why a stay should not be granted for refusal to attend a medical examination. A second examination in the same specialty is not of itself oppressive or unreasonable, particularly where the first report was inconclusive, the claim is large, and the medical evidence is polarised.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.