Stewart v Chee [2018] NSWSC 263

Supreme Court New South Wales

Medium Neutral Citation: Stewart v Chee [2018] NSWSC 263 Hearing dates: 6 March 2018 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. That pursuant to section 82 of the Civil Procedure Act 2005 (NSW), within 28 days of the date of this order, the Defendant to pay to the Plaintiff the sum of $100,000 as an interim payment of the damages sought to be recovered in the proceedings.

2. That this interim payment is to be deducted from the amount of damages assessed by the Court on final judgment or else credited against any prior settlement of the proceedings.

3. Defendant to pay the Plaintiff's costs of today. Catchwords: PROCEDURE – personal injury proceedings – application for interim payment – plaintiff's need for dialysis as a result of negligence of defendant – cost of treatment - whether condition should be attached to the payment that money to be used for dialysis Legislation Cited: Civil Procedure Act 2005 (NSW) s 82 Cases Cited: Forster v Hunter New England Area Health Service (2010) 77 NSWLR 495; [2010] NSWCA 106 Munsie v Munsie [2012] NSWSC 479 Sargent v South Western Area Health Service [2010] NSWSC 1506 Category: Procedural and other rulings Parties: Jannette Stewart (Plaintiff) Christopher Chee (Defendant) Representation: Counsel: J Sandford (Plaintiff) M Windsor SC (Defendant)

Solicitors: Shana Radnan & Co Solicitors (Plaintiff) Meridian Lawyers Ltd (Defendant) File Number(s): 2016/337927 Publication restriction: Nil