Zheng v South Eastern Sydney Local Health District [2017] NSWSC 1272

Supreme Court New South Wales

Medium Neutral Citation: Zheng v South Eastern Sydney Local Health District [2017] NSWSC 1272 Hearing dates: 20 July 2017 Decision date: 20 July 2017 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to s 82 of the Civil Procedure Act 2005 (NSW), defendant ordered to make an interim payment to the first plaintiff in the sum of $166,227.50; pursuant to s 76 of the Civil Procedure Act 2005 (NSW), interim payment approved; interim payment to be paid into Court within 21 days and thereafter paid out as the court directs; defendant to have credit for the interim payment on any final settlement or verdict in favour of the first plaintiff; first plaintiff's entitlement (if any) to interest on damages reduced to take into account receipt of the interim payment; costs to be costs in the proceedings Catchwords: MEDICAL NEGLIGENCE – application for interim payment – whether if the proceedings went to trial the plaintiff would obtain judgment for substantial damages against the defendant – application supported by cogent expert opinion evidence Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76, 82 Category: Procedural and other rulings Parties: Pei Ling Zheng (first plaintiff) Hou Wen Ni (second plaintiff) Shelly Ni (third plaintiff) Leon Ni (fourth plaintiff South Eastern Sydney Local Health District (defendant) Representation: Counsel: W Allan (plaintiff) (ex parte)

Solicitors: Reid Lawyers (plaintiff) File Number(s): 2017/18148 Publication restriction: None