McLEAN v DARLINGTON POINT SAWMILLS PTY LTD [2000] NSWSC 787

New South Wales Supreme Court

CITATION : McLEAN v DARLINGTON POINT SAWMILLS PTY LTD [2000] NSWSC 787 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20083/00 HEARING DATE(S) : 22 May 2000 JUDGMENT DATE : 22 May 2000

PARTIES : Philippa Louise McLean (Plaintiff) Darlington Point Sawmills Pty Limited (Defendant) JUDGMENT OF : Adams J at 1

COUNSEL : Mr A J Bartley SC with Mr F Tuscano (Plaintiff) Mr W Kearns SC (Defendant) SOLICITORS : Porter Parkinson & Bradfield (Plaintiff) Vardenega Roberts (Defendant) LEGISLATION CITED : Supreme Court Act 1970 DECISION : See paragraph 4

Revised THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ADAMS J

Monday 22 May 2000

20083/00 PHILIPPA LOUISE McLEAN v DARLINGTON POINT SAWMILLS PTY LIMITED JUDGMENT

1 HIS HONOUR: This is an application by Philippa Louise McLean for interim payments under s 76E of the Supreme Court Act 1970. She was catastrophically injured by the complete loss of her left arm in an accident which occurred in June 1998. 2 A sufficient basis has been shown for the exercise of the court's discretion to order interim payments in the affidavit evidence before me, combined with an expert's report as to the technical considerations which are relevant. The amount sought is $400,000. I am satisfied that within the meaning of s 76G(c) if the action proceeded to trial the plaintiff would be awarded substantial damages against the defendant. 3 Evidence as to contributory negligence has been elicited from the plaintiff in cross examination on the defendant's behalf. I consider that the amount now sought to be paid as a proportion of the sum likely to be ordered does not warrant my reducing that sum in light of any possible contributory negligence element. 4 Accordingly I order the defendant to pay by way of interim damages the sum of $400,000. This sum is to be paid within 28 days of the date hereof. I order costs of the plaintiff, as agreed or assessed, be paid. **************