Cabides v Commonwealth of Australia [2013] NSWSC 1221

Cabides v Commonwealth of Australia [2013] NSWSC 1221

It would not be just to make an interim payment order as the plaintiff’s reasonable accommodation and care needs are currently met and there is no evidence of inadequacy; substantial purchase decisions should await final damages assessment given quantum and transaction costs.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Interlocutory Application / Notice of Motion for Interim Payment
Outcome
Plaintiff's motion dismissed
Legal Topics
['interim Payment' 'discretion in Interim Payment' 'accommodation Damages' 'funds Management']
['practice and Procedure'] ['interim Payment' 'discretion in Interim Payment' 'accommodation Damages' 'funds Management']

Case Brief

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Procedural Posture

Interlocutory Application / Notice of Motion for Interim Payment

Legal Issues

  1. 1 ['Whether an interim payment for accommodation should be ordered under s 82 Civil Procedure Act 2005 (NSW)' 'Appropriate use and quantum of interim payment' 'Assessment of plaintiff’s reasonable needs']

Ratio Decidendi

It would not be just to make an interim payment order as the plaintiff’s reasonable accommodation and care needs are currently met and there is no evidence of inadequacy; substantial purchase decisions should await final damages assessment given quantum and transaction costs.

Court Disposition

Plaintiff's motion dismissed

Orders

  • ["Dismiss the plaintiff's notice of motion for interim payment." "Order the plaintiff to pay the defendant's costs of the motion." 'Grant liberty to the plaintiff to list the matter before the Registrar for allocation of a hearing date.']