McLean v Dr Marshall [2015] NSWSC 463 arose against the background of an earlier order for a separate trial on liability, which gave rise to a verdict for the plaintiff as the defendant admitted breach of duty and consequential damage.

The plaintiff sought orders that costs in respect of liability be payable forthwith: [4]. That was opposed by the defendant, on the basis that the plaintiff might ultimately be refused an order for costs at all because her damages did not meet the monetary threshold set by UCPR 42.34: see [7].

The Court made orders such that the costs of the issue of liability should be payable forthwith: [16].

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