Binge-Grose by her tutor Binge v State of New South Wales [2016] NSWSC 1228

Supreme Court New South Wales

Medium Neutral Citation: Binge-Grose by her tutor Binge v State of New South Wales [2016] NSWSC 1228 Hearing dates: 1 September 2016 Date of orders: 05 September 2016 Decision date: 05 September 2016 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order pursuant to UCPR 28.2 that there be a separate hearing on the issue of liability. (2) Subject to order (3), order the defendant to make one payment to the plaintiff of part of the damages sought to be recovered in the proceedings in the amount of $746,092. (3) Order in accordance with s 77(2) of the Civil Procedure Act 2005 that the sum referred to in order (2) above be paid directly to the Queensland Public Trustee to be held upon trust for the plaintiff to be applied for her maintenance and education, or otherwise for her benefit. (4) Direct the parties within 14 days to bring in short minutes of order providing for the further conduct of the proceedings, including but not limited to the service of evidence upon which each proposes to rely on the issue of liability. (5) Grant liberty to apply to me on 48 hours' notice by arrangement with my Associate. (6) Order that the costs of and incidental to the plaintiff's summons filed on 7 March 2016 and the plaintiff's notice of motion filed on 24 August 2016 be the costs in the proceedings. Catchwords: PRACTICE & PROCEDURE – interim payment – where likely the plaintiff would obtain judgment for substantial damages if case went to trial – separate hearing of liability and damages issues – where plaintiff's medical condition has not stabilised due to her young age – damages claim incapable of accurate assessment – whether court authorised to pay portion of interim payment to plaintiff's tutor pursuant to section 77(3) of the Civil Procedure Act 2005 – where no suggestion that money would be retained for benefit of plaintiff – whether tutor entitled to be recompensed for gratuitous care and services rendered to plaintiff – where no evidence of care and services provided Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: Nettleton v Rondeau [2013] NSWSC 1321 Thomas v Oakley [2003] NSWSC 1033 Category: Procedural and other rulings Parties: Asharney Rose Binge-Grose by her tutor Shirley Binge (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: H Marshall SC with C Smith (Plaintiff) M Fordham SC (Defendant)