Group 4 Securitas v Naidu

Group 4 Securitas Pty Ltd (the appellant) sought leave to appeal to the Court of Appeal of New South Wales against an order for an interim payment made under section 82(1) of the *Civil Procedure Act 2005* (NSW). The respondent was Mr. Naidu. The dispute concerned whether the interim payment order was validly made, particularly in light of procedural fairness concerns and the application of relevant legislation.

The primary legal issues before the Court of Appeal were whether the respondent had been denied procedural fairness by not having a full opportunity to make submissions against the interim payment order, and whether the case met the criteria for such an order under section 82(3) of the *Civil Procedure Act*. Specifically, the Court had to consider the meaning of "judgment" in section 82(3)(b) and the interaction between section 82 of the *Civil Procedure Act* and the now-repealed section 151B(1)(b) of the *Workers Compensation Act 1987* (NSW). Further questions arose regarding whether an order preventing the recovery of workers compensation payments from the interim payment was contrary to the appellant's statutory entitlements, and whether the failure to account for compensation payments rendered the defendants' contributions disproportionate, contrary to sections 82(5) and (6).

The Court of Appeal dismissed the application for leave to appeal. The reasoning focused on the interpretation of the relevant statutory provisions and the circumstances under which an interim payment order could be made. The Court found that the requirements of section 82 of the *Civil Procedure Act* were met and that the order was not contrary to the appellant's statutory entitlements or the principles of proportionality.

The application for leave to appeal was dismissed with costs.