H L Booth, by her litigation guardian, G Booth v Kendall
Case
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[2009] QSC 237
•20/08/2009
Details
AGLC
Case
Decision Date
H L Booth, by her litigation guardian, G Booth v Kendall [2009] QSC 237
[2009] QSC 237
20/08/2009
CaseChat Overview and Summary
In the case of H L Booth, by her litigation guardian, G Booth v Kendall, the plaintiff, who suffered brain damage, initiated legal proceedings against the defendant for personal injuries. The plaintiff had previously undergone medical examinations requested by the defendant, which caused her distress and nausea and were ultimately incomplete. The plaintiff now objected to further medical examinations. The court was required to determine whether it was reasonable to compel the plaintiff to undergo further examinations and whether the case should be adjourned until the completion of these examinations. The court considered the circumstances of the case and the potential impact of the examinations on the plaintiff's health and wellbeing. It concluded that it was necessary for the plaintiff to undergo a medical examination by Professor Linda Luxon, along with any required ancillary tests, to proceed with the case. The court issued an order directing the plaintiff to undergo the specified examination.
Details
Key Legal Topics
Areas of Law
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Tort Law
Legal Concepts
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Negligence
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Causation
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Compensatory Damages
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Most Recent Citation
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[2011] QDC 308
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[2011] QDC 308
Cases Cited
1
Statutory Material Cited
0
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[2000] QSC 281
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[2000] QSC 281
Timmins v Yandilla Park Limited
[2000] QSC 281