The plaintiff appealed an Associate Judge's order requiring her to attend defence medical examinations.
She brought a motion to stay the order pending appeal and for leave to admit fresh evidence of her psychiatric distress following the release of the order.
The court granted the unopposed stay with costs.
However, the court dismissed the motion to admit fresh evidence, applying the Palmer test.
The court found that the fresh evidence was not relevant to a decisive issue and would not have affected the result, as the plaintiff's genuine fears and vulnerabilities regarding the examinations during the COVID-19 pandemic were already before the Associate Judge.