Stewart v Chee [2018] NSWSC 263

Stewart v Chee [2018] NSWSC 263

The Court determined it is neither necessary nor appropriate to impose a condition restricting the use of the interim payment, as s 82 does not mandate it and relevant authorities confirm such conditions should not be imposed.

Parties
Plaintiff: Jannette Stewart; Defendant: Christopher Chee
Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Personal Injury / Interlocutory Application for Interim Payment
Outcome
Interim payment application granted; condition not imposed; defendant ordered to pay costs.
Legal Topics
Interim Payment, Negligence, Costs
Civil Procedure Personal Injury Interim Payment Negligence Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jannette Stewart

Plaintiff

Christopher Chee

Defendant

Procedural Posture

Personal Injury / Interlocutory Application for Interim Payment

Legal Issues

  1. 1 Whether a condition should be attached to the interim payment requiring its use for dialysis care and treatment
  2. 2 Whether the plaintiff must demonstrate a need for the interim payment

Ratio Decidendi

The Court determined it is neither necessary nor appropriate to impose a condition restricting the use of the interim payment, as s 82 does not mandate it and relevant authorities confirm such conditions should not be imposed.

Court Disposition

Interim payment application granted; condition not imposed; defendant ordered to pay costs.

Orders

  • Pursuant to section 82 of the Civil Procedure Act 2005 (NSW), within 28 days of the date of this order, the Defendant to pay to the Plaintiff the sum of $100,000 as an interim payment of the damages sought to be recovered in the proceedings.
  • This interim payment is to be deducted from the amount of damages assessed by the Court on final judgment or else credited against any prior settlement of the proceedings.