Hastwell v Kott Gunning (No 5)

Hastwell v Kott Gunning (No 5) involved a dispute between the applicant, Hastwell, and the respondent, Kott Gunning. The dispute was related to an application for a stay of proceedings due to Hastwell's refusal to attend a medical examination. The matter was heard in the Federal Court of Australia. Hastwell argued that his right to personal liberty should prevail over Kott Gunning's right to adduce evidence in its defence. The court was required to weigh these rights against each other and determine whether the request for Hastwell to attend a medical examination was reasonably required for the just resolution of the case.

The court considered the principles of natural justice and proportionality in determining whether the stay should be granted. It held that Kott Gunning's request for a medical examination was reasonably required to ensure a fair trial. The court found that Hastwell's refusal to attend the examination was unjustified, and it was in the interests of justice to grant the stay. The court also noted that the stay would not result in an unfair deprivation of Hastwell's right to personal liberty, as the proceedings could be resumed if the issue of the medical examination was resolved.

In light of the above, the court granted the stay of proceedings, effective from 8 June 2020. The applicant was ordered to pay the respondent's costs of and incidental to the proceeding, including any reserved costs. The court also ordered that Hastwell must pay the respondent's costs of and incidental to the interlocutory application and the application to set aside a subpoena. Each party was granted liberty to apply to vary the orders before 2 June 2020, with 72 hours' written notice.