Pyman v Whitefriars College Inc [2019] is an
interlocutory decision of the Victorian Supreme Court (Forbes J)
handed down on 30 May 2019.
This decision concerned an application by a defendant seeking to
stay a proceeding in circumstances where a plaintiff would not
attend an updated medico-legal appointment with a
psychiatrist.1
Accordingly, it provides guidance in determining the requisite
threshold of "reasonableness" in assessing a
plaintiff's refusal to attend such an examination.
Applicable Rule
The Defendant brought its application seeking to stay the
primary proceeding, pursuant to rule 33.04 of the Supreme Court
(General Civil Procedure) Rules (VIC) 2015. This rule, titled
'Notice for examination', states:
