Ryan v A F Concrete Pumping Pty Ltd [2012] NSWSC 723

Supreme Court New South Wales

Medium Neutral Citation: Ryan v A F Concrete Pumping Pty Ltd [2012] NSWSC 723 Hearing dates: 20/06/2012 Decision date: 29 June 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The first defendant is to pay the first plaintiff the sum of $100,000 by way of interim payment pursuant to s 82 of the Civil Procedure Act 2005 within 14 days. (2) Costs are reserved. Catchwords: PROCEDURE - claim by first plaintiff for interim payment pursuant to s 82(3)(c) Civil Procedure Act 2005 - first plaintiff sustained injury in industrial accident - mild traumatic brain injury and other physical injury - Court satisfied that, if the matter goes to trial, the first plaintiff would obtain judgment for substantial damages against first defendant - order for interim payment made Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Australian Standard AS 2550.15 of 1994: Cranes - Safe use, Part 15: Concrete placing equipment WorkCover Code of Practice - Pumping Concrete Workers Compensation Act 1987 Cases Cited: Acko Dimkovski by his next friend Mita Dimkovska v Ken's Painting & Decorating Services Pty Ltd [1999] NSWSC 795 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Matouk v Hungry Jacks [2009] NSWSC 1176 Category: Procedural and other rulings Parties: Jeffrey Lawrence Ryan (First Plaintiff) Reliance Pools International Pty Ltd (Second Plaintiff) A F Concrete Pumping Pty Ltd (First Defendant) GIO General Limited (Second Defendant) Representation: RA Cavanagh SC with CJ Callaway (Plaintiffs) A Parker (First Defendant) N Polin (Second Defendant) Gillis Delaney Lawyers (Plaintiffs) Walker Hedges & Co (First Defendant) Gadens Lawyers (Second Defendant) File Number(s): 2010/408063