CRAGO v PLEVE PTY LTD & ORS [2002] NSWSC 1251

CRAGO v PLEVE PTY LTD & ORS [2002] NSWSC 1251

On the affidavit, oral and medical evidence, and applying the higher level of civil satisfaction required for s 76E, the plaintiff showed a high probability that she would obtain judgment for substantial damages against her employer, even allowing for possible litigation of contributory negligence. The $20,000 sought was modest and the plaintiff discharged the onus for an interim payment order.

Jurisdiction
Australia
Judgment Date
13 December 2002
Procedural Posture
Proceedings for Recovery of Damages; Application for Interim Payment Under S 76 E of the Supreme Court Act 1970 / Amended Notice of Motion Filed 9 December 2002, Heard and Determined Ex Tempore on 13 December 2002
Outcome
Application granted against the first defendant.
Legal Topics
['interim Payment' 'employer Liability' 'workplace Injury' 'contributory Negligence' 'substantial Damages']
['civil Procedure' 'tort Law' 'negligence' 'employment Law'] ['interim Payment' 'employer Liability' 'workplace Injury' 'contributory Negligence' 'substantial Damages']

Case Brief

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Procedural Posture

Proceedings for Recovery of Damages; Application for Interim Payment Under S 76 E of the Supreme Court Act 1970 / Amended Notice of Motion Filed 9 December 2002, Heard and Determined Ex Tempore on 13 December 2002

Legal Issues

  1. 1 ['Whether the plaintiff satisfied s 76E(3)(c) of the Supreme Court Act 1970 by showing that, if the action proceeded to trial, she would obtain judgment for substantial damages against the first defendant.' 'Whether possible issues of primary liability and contributory negligence prevented the making of an interim payment order.' 'Whether $20,000 was an appropriate interim payment under s 76E.']

Ratio Decidendi

On the affidavit, oral and medical evidence, and applying the higher level of civil satisfaction required for s 76E, the plaintiff showed a high probability that she would obtain judgment for substantial damages against her employer, even allowing for possible litigation of contributory negligence. The $20,000 sought was modest and the plaintiff discharged the onus for an interim payment order.

Court Disposition

Application granted against the first defendant.

Orders

  • ['The respondent, the first defendant, is to pay to the plaintiff within twenty-one days the sum of $20,000.' "The defendant is to pay the plaintiff's costs of this application." 'The exhibits are to be returned.']