NSW Caselaw
New South Wales Supreme Court
CITATION : Eldridge v Royal Alexandra Hospital for Children & anor [2008] NSWSC 886
HEARING DATE(S) : 18 August 2008
JUDGMENT DATE : 29 August 2008
JURISDICTION : Common Law
JUDGMENT OF : Michael Grove J
DECISION : Interim payment ordered for physically injured plaintiff; refused for derivative claimants.
CATCHWORDS : DAMAGES - interim payments - proportion of likely assessment - not limited to fulfilling current needs - derivative claims - need to show more than probability of success
LEGISLATION CITED : s 82 Civil Procedure Act 2005
CATEGORY : Procedural and other rulings
Dimkovski v Ken's Painting and Decorating Services [1999] NSWSC 795 Frellsen v Crosswood Pty Limited, Sully J, unreported 18 February 1992 CASES CITED : Schott Kem Limited v Bentley [1991] 1 QB 61 Spencer v Australian Capital Territory [2007] NSWSC 303 Watts v Rake (1960) 108 CLR 158
PARTIES : Bryce ELDRIDGE by his tutor John ELDRIDGE, John ELDRIDGE and Jillian COULTON v The Royal Alexandra Hospital for Children and Hugh MARTIN
FILE NUMBER(S) : SC 20504/2006
COUNSEL : R O'Keefe - Plaintiff/Applicant J M Sandford - Second Defendant
Maurice Blackburn Cashman - Plaintiffs SOLICITORS : Frances Allpress - First Defendant TressCox Lawyers - Second Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
MICHAEL GROVE J
29 August 2008
20504/2006 Bryce ELDRIDGE bht John ELDRIDGE & ORS v THE ROYAL ALEXANDRA HOSPITAL FOR CHILDREN & ANOR
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