Dispute - Interim Payments

Question 1

What are the grounds that an interim payment order may be made in accordance with?

Answer 1

1) The defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;
2) The claimant has obtained judgment against that defendant for damages to be assessed or for a sum of money (other than costs) to be assessed; or,
3) The court is satisfied that if the claim went to trial, that an order for a substantial amount of money (other than costs) would be obtained.

Question 2

Can the court use it’s discretion to make an interim payment order by way of equitable relief if the grounds are not met?

Answer 2

No.

Question 3

How much is the court able to award as an interim payment?

Answer 3

No more than a reasonable proportion of the likely amount of the final judgment.