Minnelli made an appearance in court

Gest has said his wife attacked him, causing permanent injury, while she alleged he stole money from her.

His lawyer Raoul Felder told New York State Supreme Court that Gest was still recuperating from injuries caused by his wife's "drunken rages".

The judge said their prenuptial deal would handle their assets being split.

Mr Felder said the agreement calls for Gest and Minnelli to keep what each brought to the marriage.

Gest has filed two legal actions against his estranged wife - one for divorce and one alleging he suffered permanent injury from her attacks.

Minnelli's lawyer Frederic J Siegel told the judge that since concert producer Gest was alleging his was disabled he should undergo a medical examination.

"Either he should come here and be deposed or withdraw his actions," Mr Siegel said.

"There is no reason for him not to be here."

But according to Gest's lawyer he "can't fly" because of his injuries.

The pair have filed legal actions against each other

Mr Felder also said that Minnelli's camp only wanted the medical examination to defend the $10m (�5.5m) civil action against her.

Minnelli, who was in court for the divorce hearing, has countersued Gest, accusing him of stealing money from her and seeking $2m (�1.1m) compensation.

The pair married in March 2002 at a star-studded wedding attended by Michael Jackson and Elizabeth Taylor.

But just 16 months later they split, with relations becoming ever more acrimonious as accusations were thrown by both parties.