Interim payment in wrongful birth claim: NDIS factors

Following an earlier interlocutory decision, the matter of Eastbury v Genea Limited returned to court for consideration of the joinder of another defendant (with a related limitation extension) and an interim payment application.

Of most interest in Eastbury v Genea Limited [2015] NSWSC 1834 is the court’s consideration of the interim payment application, given that Genea did not admit liability: [52].

Genea also argued that there was insufficient evidence of need for an interim payment given the possibility that many of the services the plaintiffs claim they need assistance to fund will be covered by the National Disability Insurance Scheme (NDIS): [57].

The court noted at [63] that whilst the NDIS will offer some benefits, it is not known at this stage what they will be. Discretion was exercised in favour of the plaintiffs leading to an interim payment order for $100,000.

With thanks to Michael Swan for drawing this matter to my attention.

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