Akram Karam v Palmone Shoes Pty Ltd

Akram Karam, the plaintiff, applied for leave to appeal against an interlocutory order made by the County Court of Victoria, which had suspended proceedings in an accident compensation matter due to his refusal to submit to a medical examination. Palmone Shoes Pty Ltd, the defendant, opposed the application on the basis that the order was valid and the plaintiff's refusal to comply with the requirement was unreasonable. The court was required to decide whether the County Court judge had erred in finding that the plaintiff's refusal to submit to a medical examination within a reasonable interval was unreasonable, and whether the appeal was authorised under the relevant statutes.

The court considered whether the Accident Compensation Act 1985 (Vic) s 112 allowed for an interlocutory appeal, and whether the Supreme Court Act 1986 (Vic) ss 14A–14D applied, which would require the court to consider whether there was a real prospect of success on appeal under s 14C. The court held that the judge did not err in finding the plaintiff's refusal unreasonable, and that the appeal was not authorised by the relevant statutes. The court found that the plaintiff had not demonstrated a real prospect of success on appeal, and the application for leave to appeal was refused.

The court dismissed the application for leave to appeal and declined to stay the interlocutory order of the County Court. The order suspending proceedings due to the plaintiff's refusal to submit to a medical examination remained in effect, and the plaintiff was required to comply with the order before the matter could proceed. The defendant was therefore entitled to enforce the order and continue with the proceedings in the County Court.