Barber v Kylow Pty Ltd & Ors (No 2) [2010] NSWSC 1234

New South Wales Supreme Court

CITATION : Barber v Kylow Pty Ltd & Ors (No 2) [2010] NSWSC 1234

HEARING DATE(S) : 21/10/2010

JUDGMENT DATE : 27 October 2010

JUDGMENT OF : Hoeben J

Order that pursuant to s 82(1) of the Civil Procedure Act 2005 the second defendant pay to the plaintiff as part of the damages sought by him on an interim basis the following: (a) $193,700 for the provision of care. (b) $12,077 to allow the plaintiff to undergo a Behaviour Support or Modification program. DECISION : (c) $3,900 for the plaintiff's entertainment expenses. (d) $21,000 for rent of suitable premises (this includes an allowance for a four week rental bond). Order that the costs of the plaintiff's motion against the second defendant be costs in the cause. Dismiss the second defendant's notice of motion against Felt and Suntour. Order that the second defendant pay the costs of Felt and Suntour in respect of its motion against them.

CATCHWORDS : PRACTICE AND PROCEDURE - Application by plaintiff for interim payment from second defendant pursuant to section 82(3)(c) Civil Procedure Act 2005 - plaintiff brain damaged when fork of his bicycle collapsed - no issue as to application of section - quantum of interim payment of damages - order made - APPLICATION by second defendant for interim contribution/indemnity from cross-defendants with respect to interim payment - second defendant unable to bring itself within section 82(3)(c) - order refused.

Civil Procedure Act 2005 LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946 Sale of Goods Act 1923 Trade Practices Act 1974 (Cth)