The balancing exercise for ordering medical examinations under Part 25 Rule 5 must take into account the health risks to the person to be examined, the quantity of medical evidence already available, and the fundamentally different circumstances where the party seeking the examination is the plaintiff challenging the defendant's capacity, as distinct from personal injury cases where the defendant seeks to examine the plaintiff. Orders that are unreasonable and unjust in light of these factors may be set aside on appeal under House v The King principles.
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