NSW Caselaw
New South Wales Supreme Court
CITATION : Barber v Kylow Pty Ltd [2010] NSWSC 519
HEARING DATE(S) : 11 June 2010
JUDGMENT DATE : 18 June 2010
JUDGMENT OF : Harrison J
1. Order that pursuant to s 82(1) of the Civil Procedure Act 2005 the second defendant pay $48,120 to the plaintiff as part of the damages sought to be recovered in the proceedings. DECISION : 2. Order that the costs of the plaintiff's motion against the second defendant be the costs in the cause. 3. Dismiss the second defendant's notice of motion against the first defendant and the first cross defendant. 4. Order that the costs of the second defendant's notice of motion be the first defendant's and the first cross defendant's costs in the cause.
CATCHWORDS : PRACTICE & PROCEDURE – application by plaintiff for interim payment from second defendant pursuant to s 82(3)(c) Civil Procedure Act 2005 – plaintiff severely injured when the forks of his bike collapsed – whether if proceedings went to trial the plaintiff would obtain judgment for substantial damages against second defendant – quantum of interim payment – order made – where application by second defendant for preliminary order for contribution or indemnity against first defendant and/or first cross claimant with respect to interim payment – order refused
Civil Procedure Act 2005 LEGISLATION CITED : Trade Practices Act 1974 (Cth) Civil Liability Act 2002
CATEGORY : Procedural and other rulings
Forster v Hunter New England Area Health Service [2010] NSWCA 106 CASES CITED : Hardwick v McSwiney (No 3) [2010] NSWSC 3 Power Technologies Pty Ltd v Energy Australia [2010] NSWCA 107
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