Woolworths (Qld) Pty Ltd v Berry-Porter

Woolworths (Qld) Pty Ltd sought an order for the respondent, Berry-Porter, to be examined by specialists nominated by the applicant under the WorkCover Queensland Act 1996. The application arose in the context of a workers’ compensation claim, where Berry-Porter had obtained medical reports during the time in which the compensation claim was being processed. Subsequently, Berry-Porter elected to claim damages under the Act. Woolworths (Qld) Pty Ltd nominated a panel of specialists to independently examine Berry-Porter, and sought an order for Berry-Porter to choose a specialist from each panel to examine him on behalf of Woolworths (Qld) Pty Ltd. The central issue was whether Woolworths (Qld) Pty Ltd had an unqualified right to an examination of Berry-Porter by specialists unaffected by previous medical examinations.

The court found that Woolworths (Qld) Pty Ltd did not have an unqualified right to an examination of Berry-Porter by specialists unaffected by previous medical examinations. The court held that the decision to seek a further medical examination by a specialist must be made on the basis of the merits of the case. The court held that the application was an attempt to circumvent the statutory scheme and was an abuse of process. The court found that Woolworths (Qld) Pty Ltd had not established that a further examination was necessary, and that the application should be dismissed.

The court dismissed the application and made no orders for costs.