Cabides v Commonwealth of Australia [2013] NSWSC 1221

Supreme Court New South Wales

Medium Neutral Citation: Cabides v Commonwealth of Australia [2013] NSWSC 1221 Hearing dates: 30 August 2013 Decision date: 30 August 2013 Before: Adamson J Decision: (1) Dismiss the plaintiff's notice of motion for interim payment. (2) Order the plaintiff to pay the defendant's costs of the motion. (3) Grant liberty to the plaintiff to list the matter before the Registrar for allocation of a hearing date. Catchwords: PRACTICE AND PROCEDURE- application for interim payment- use of payment relevant to exercise of discretion Legislation Cited: - Civil Procedure Act 2005 (NSW), s 82, s 82(1), s 82(3), s 82(4), s 82(5) Cases Cited: - Dimkovski v Ken's Painting & Decorating Services Pty Ltd [1999] NSWSC 795 Category: Interlocutory applications Parties: Joel Joseph B Cabides (Plaintiff) Commonwealth of Australia (Defendant) Representation: Counsel: K Andrews (Plaintiff) PS Jones (Defendant) Solicitors: Wyatts Attorneys (Plaintiff) Australian Government Solicitor (Defendant) File Number(s): 2013/106981 Publication restriction: Nil

Judgment

Introduction 1The plaintiff, who was born in 1984, suffered a catastrophic injury on 18 January 2007 at Duntroon Military Academy, in the Australian Capital Territory (ACT), as a result of which he became a quadriplegic who requires ventilation. 2On 7 November 2007, the plaintiff commenced proceedings against the Commonwealth for damages in the Supreme Court of the ACT. On 27 June 2008, the defendant admitted breach of its duty of care to the plaintiff. The only issue remaining is the quantum of damages. 3On 19 March 2013 the proceedings were transferred to this Court.