Victorian Current Acts

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TRANSPORT ACCIDENT ACT 1986 - SECT 167

Provision for stay of proceedings

If—

        (a)     an action for the recovery of damages in respect of bodily injury caused by or arising out of the use of a motor car has been brought in any court by any person against the owner or driver of the motor car or the authorized insurer of the motor car or the Incorporated Nominal Defendant; and

        (b)     the court is satisfied that there has (whether before or after the action has been brought) been a refusal or neglect without reasonable cause to allow a medical examination or medical examinations of the person after a request on reasonable terms by the owner, driver or authorized insurer or the Incorporated Nominal Defendant that the person should be examined, for the purpose of the ascertainment of the nature and extent of the bodily injury sustained by the person, by a legally qualified medical practitioner nominated by the owner, driver or authorized insurer or the Incorporated Nominal Defendant (as the case may be)—

the court may make an order on such terms as seem proper that all further proceedings in such action shall be stayed, and they shall be stayed accordingly.



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