Puletua bht Puletua v Sydney Children’s Hospital Network [2022] NSWSC 1795

Supreme Court New South Wales

Medium Neutral Citation: Puletua bht Puletua v Sydney Children's Hospital Network [2022] NSWSC 1795 Hearing dates: 21 December 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to section 82 of the Civil Procedure Act 2005 (NSW), the Defendant make an interim payment to the First Plaintiff of $200,000.00. (2) Pursuant to section 76 of the Civil Procedure Act 2005 (NSW), the interim payment of $200,000.00 is approved. (3) The interim payment of $200,000.00 is to be paid into Court within 28 days pursuant to section 77(2) of the Civil Procedure Act 2005 (NSW), and thereafter is to be paid out pursuant to section 77(4) of the Civil Procedure Act 2005 (NSW) as the Court directs. (4) The Defendant is to have credit for the interim payment on any final settlement or verdict in favour of the First Plaintiff. (5) The First Plaintiff's entitlement (if any) to interest on damages shall be reduced to take into account receipt of the interim payment. (6) Costs to be costs in the proceedings. The Court notes: (1) The interim payment is made with no admission by the Defendant as to whether the First Plaintiff has any entitlement to the various items forming the interim payment and the Defendant reserves its right to argue that entitlement at the trial. (2) The Court is satisfied that if the proceedings went to trial the First Plaintiff would obtain judgment for substantial damages from the Defendant in an amount in excess of the interim payment. Catchwords: CIVIL PROCEDURE – medical negligence – application for interim payment – where first plaintiff is a person under a legal incapacity – where no defence yet filed – whether the proposed interim payment is for the benefit of the first plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76, 82 Category: Procedural rulings Parties: Meki Junior Puletua by his Tutor Sosefina Puletua (First Plaintiff) Sosefina Puletua (Second Plaintiff) Meki Puletua (Third Plaintiff) Sydney Children's Hospital Network (Defendant) Representation: Solicitors: Ms E Brookes (First, Second and Third Plaintiffs) Ms T Moxham (Defendant) File Number(s): 2022/309937 Publication restriction: None