Zheng v South Eastern Sydney Local Health District [2017] NSWSC 1272

Zheng v South Eastern Sydney Local Health District [2017] NSWSC 1272

Given cogent and unchallenged expert evidence and the defendant's consent, the court was satisfied that, had the matter gone to trial, the first plaintiff would obtain a substantial damages judgment; accordingly, interim payment was ordered and approved as required for a person under legal incapacity.

Jurisdiction
Australia
Judgment Date
20 July 2017
Procedural Posture
Medical Negligence Damages Claim / Interlocutory Application for Interim Payment
Outcome
Interim payment approved and ordered; costs in the proceedings; proceedings stood over for directions.
Legal Topics
['interim Payment' 'expert Evidence' 'legal Incapacity' 'approval of Payment']
['medical Negligence'] ['interim Payment' 'expert Evidence' 'legal Incapacity' 'approval of Payment']

Case Brief

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Procedural Posture

Medical Negligence Damages Claim / Interlocutory Application for Interim Payment

Legal Issues

  1. 1 ['Whether to grant an interim payment under s 82 Civil Procedure Act 2005 (NSW)' 'Whether to approve interim payment to a person under legal incapacity under s 76 Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

Given cogent and unchallenged expert evidence and the defendant's consent, the court was satisfied that, had the matter gone to trial, the first plaintiff would obtain a substantial damages judgment; accordingly, interim payment was ordered and approved as required for a person under legal incapacity.

Court Disposition

Interim payment approved and ordered; costs in the proceedings; proceedings stood over for directions.

Orders

  • ['Pursuant to s 82 Civil Procedure Act 2005 (NSW), defendant to make an interim payment to the first plaintiff of $166,227.50.' 'Pursuant to s 76 Civil Procedure Act 2005 (NSW), interim payment approved.' 'Interim payment to be paid into court within 21 days and thereafter paid out as the court directs.' 'Defendant...