Interim payment: Limiting how the payment is used?

By wjmadden In Stewart v Chee [2018] NSWSC 263 the defendant renal surgeon agreed to make an interim payment, but sought to impose terms such that the payment be used “for the purpose of dialysis care and treatment” (at [10]).
The plaintiff in recent correspondence had indicated that she did not propose to apply the moneys towards her litigation costs. The defendant submitted, however, that the plaintiff did not clearly indicate that the interim payment will in fact be used for the purposes of dialysis care and treatment (at [14]).
The court held at [18] – [19]:
I am not satisfied that it is …read more

Source:: Bill Madden

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