Mills & Anor v Ruthol Pty Ltd [2005] NSWSC 1367

New South Wales Supreme Court

CITATION : Mills & Anor v Ruthol Pty Ltd [2005] NSWSC 1367

HEARING DATE(S) : 7 September 2005

JUDGMENT DATE : 7 September 2005

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 17

DECISION : Interim payment ordered

CATCHWORDS : PROCEDURE - Supreme Court procedure - granding of interim payments under s82 - plaintiff previously obtained judgment against defendant - defendant using delaying tactics - in circumstances would not cause undue hardship to defendants

Civil Procedure Act 2005 s82 LEGISLATION CITED : Supreme Court Act 1970 s68 Supreme Court Rules 1970 Pt 31

Brian Mills (First Plaintiff) PARTIES : Elaine Mills (Second Plaintiff)

FILE NUMBER(S) : SC 2101/99

Mr A Lacey (Plaintiff) COUNSEL : Mr M Zwar (Defendant)

McCabes (Plaintiff) SOLICITORS : David Landa and Stewart (Defendant)

LOWER COURT JURISDICTION :

- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

WEDNESDAY 7 SEPTEMBER 2005

2101/99 BRIAN MILLS & ANOR V RUTHOL PTY LIMITED JUDGMENT 1 The plaintiffs, by motion, seek an interim payment pursuant to s82 of the Civil Procedure Act 2005 (the Act). The section provides: 82 Court may order interim payments

(cf Act No 52 1970, section 76E; Act No 9 1973, section 58)

(1) In any proceedings for the recovery of damages, the court may order a defendant in the proceedings to make one or more payments to the plaintiff of part of the damages sought to be recovered in the proceedings.

(2) The court may make such an order against a defendant on the application of the plaintiff at any stage of the proceedings.