NSW Caselaw
Reported Decision: 77 NSWLR 495
New South Wales Court of Appeal
CITATION: Forster v Hunter New England Area Health Service [2010] NSWCA 106
HEARING DATE(S): 29 April 2010
JUDGMENT DATE: 14 May 2010
JUDGMENT OF: McColl JA at 1; Macfarlan JA at 2; Sackville AJA at 37
(1) Leave to appeal granted; (2) Appeal allowed; (3) Orders made by R A Hulme J on 19 February 2010 set aside; DECISION: (4) Order that the respondent pay to the applicants within fourteen days the sum of $20,000 by way of an interim payment pursuant to s 82 of the Civil Procedure Act 2005; (5) Direct that within fourteen days the applicants file the draft Notice of Appeal included in the Appeal Papers; (6) Order the respondent to pay the applicants' costs of the proceedings at first instance and on appeal; and (7) Order that the respondent have a certificate under the Suitors' Fund Act 1951, if qualified.
CATCHWORDS: PROCEDURE - application for interim payment - construction of s 82(3)(c) of Civil Procedure Act 2005 - burden of proof - EVIDENCE - expert evidence - no weight to be given to expert evidence that is devoid of reasoning
Civil Liability Act 2002 Civil Procedure Act 2005 LEGISLATION CITED: Courts Legislation (Civil Procedure) Amendment Act 1991 Supreme Court Act 1970 Trade Practices Act 1974 (Cth)
CATEGORY: Principal judgment
Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Crago v Pleve Pty Ltd [2002] NSWSC 1251 Davie v Lord Provost, Magistrates and Councillors of the City of Edinburgh [1953] SC 34 Eldridge v Royal Alexandria Hospital for Children [2008] NSWSC 886 Frellssen v Crosswood Pty Ltd (1992) 15 MVR 343 Gibbons v Wall (unreported, English Court of Appeal, Civil Division, 1988) CASES CITED: Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Matouk v Hungry Jacks Pty Ltd [2009] NSWSC 1176 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 Rejfek v McElroy [1965] HCA 46; (1965) 112 CLR 517 Ricci Burns Ltd v Toole [1989] 1 WLR 993; [1989] 3 All ER 478 Schott Kem Ltd v Bentley [1991] 1 QB 61; [1990] 3 All ER 850 Spencer v Australian Capital Territory [2007] NSWSC 303 Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 27 ALR 367
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate