Kelly v Trustees of the Christian Bros & Anor [2021] VSC 110 (on AUSTLII) saw the court required to consider an application for stay of proceedings on the basis that the plaintiff refused to attend a medicolegal examination at the request of the first defendant.

Orders were made dismissing the first defendant’s application on the basis its request was unreasonable and the plaintiff’s refusal to attend the examination was reasonable. Alternatively, even if the plaintiff’s request was reasonable, balancing the competing interests of the plaintiff and first defendant, justice lies in disallowing its application.

Reasons for the decision appear at [64] – [77].