Tripovich v South Eastern Sydney Local Health District [2019] NSWSC 1793

Supreme Court New South Wales

Medium Neutral Citation: Tripovich v South Eastern Sydney Local Health District [2019] NSWSC 1793 Hearing dates: 11 December 2019 Date of orders: 11 December 2019 Decision date: 11 December 2019 Jurisdiction: Common Law Before: Lonergan J Decision: 1. Pursuant to section 82 of the Civil Procedure Act 2005 (NSW) the defendant, makes an interim payment to the plaintiff of $75,000.

2. Pursuant to section 82 of the Civil Procedure Act 2005 (NSW), the interim payment is agreed.

3. The interim payment of $75,000 is to be paid into Court within 28 days pursuant to section 77(2) of the Civil Procedure Act 2005 (NSW), and thereafter is to be paid out pursuant to s 77(4) of the Civil Procedure Act 2005 (NSW), as the Court directs.

4. The defendant is to have credit for the interim payment on any final settlement or verdict in favour of the plaintiff.

5. The plaintiff's entitlement (if any) to interest on damages shall be reduced to take into account receipt of the interim payment.

6. Costs to be costs in the proceedings.

The Court notes:

(a) The interim payment is made with no admission by the defendant as to whether the plaintiff has any entitlement to the various items forming the interim payment and the defendant reserves its right to argue that entitlement at the trial.

(b) The Court is satisfied that if the proceedings went to trail the plaintiff would obtain judgment for substantial damages from the defendant in an amount in excess of the interim payment.

7. The proceedings are listed for directions before the Registrar for ongoing case management on Friday, 7 August 2020 at 9:00am. Catchwords: CIVIL PROCEDURE – medical negligence proceedings – application for interim payment – application supported by medical evidence – application granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 77, 82 Category: Procedural and other rulings Parties: Alexis Lily Tripovich by her tutor Gabriela Hristova Tripovich (Plaintiff) South Eastern Sydney Local Health District (Defendant) Representation: Solicitors: Amond Legal (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2017/217232 Publication restriction: Nil