Chelsea Higgins BHT Kerry Higgins v Equestrian NSW Incorporated [2022] NSWSC 237

Supreme Court New South Wales

Medium Neutral Citation: Chelsea Higgins BHT Kerry Higgins v Equestrian NSW Incorporated [2022] NSWSC 237 Hearing dates: 14 February 2022 Date of orders: 14 February 2022 Decision date: 14 February 2022 Jurisdiction: Common Law Before: Walton J Decision: 1 The Plaintiff shall cause her action to be mentioned in Court and apply for approval of this settlement and for such other order as may be considered expedient in line with the provisions of the Civil Procedure Act 2005 (NSW). 2 Subject to the approval, the Plaintiff and Defendants agree that, without admission of liability, judgment is entered in favour of the Plaintiff in the total sum of $[REDACTED], on the following terms: (a) The First, Second, Third and Fourth Defendants to pay the Plaintiff the sum of $[REDACTED] (Damages Sum). (b) Payment of the Damages Sum to be made into the nominated bank account, as directed by the Tutor, to be held in trust on behalf of the Plaintiff. (c) The Defendants to pay the Plaintiff's costs and disbursements (Costs Sum): (i) $[REDACTED] in respect of professional legal costs. (ii) $[REDACTED] in respect of disbursements. together, the Damages Sum and Costs Sum comprise the Settlement Sum) 3 All previous costs orders be vacated. 4 This settlement is the subject of the provisions of the Health & Other Services (Compensation) Act 1995 (Cth) and the Health & Other Services (Compensation) Care Charges Act 1995 (Cth) regarding release of the Settlement Sum. 5 The Plaintiff acknowledges that she may be liable to pay amounts from the Settlement Sum pursuant to the provisions of the Health & Other Services (Compensation) Act 1995 (Cth) and the Health & Other Services (Compensation) Care Charges Act 1995 (Cth), and any amounts whosoever payable pursuant to the Social Security Act 1991 (Cth). 6 The Plaintiff acknowledges and agrees that the portion of the Damages Sum payable to the Plaintiff will be satisfied by the Defendants having made the following payments (as applicable): (a) any amount to be paid to Medicare Australia pursuant to the amendments to the Health & Other Services (Compensation) Act 1995; (b) any amount payable to any person or body under any relevant statutory provision, in respect of which notification of the amount to be deducted from the Damages Sum has been provided to the Defendants' solicitors; and (c) the balance of the Damages Sum to be paid to the Plaintiff. 7 No interest will be payable in respect to the amount referred to in paragraph 6(c) above on or before the later of: (a) 28 days from the date judgment is entered; or (b) 28 days after receipt by the Defendants of an executed authority to receive from the Plaintiff; or (c) 28 days after receipt by the Defendants of a copy of the Consent Judgment duly sealed or initialled by an officer of the Court; or (d) 28 days after the receipt by the Defendants or its respective insurer of a notice issued by the Managing Director of Medicare Australia pursuant to sections 24 or 25 of the Health & Other Services (Compensation) Act 1995 (Cth). 8 No interest is payable by the Defendants in respect of the Settlement Sum forwarded in complying with its obligations under the Health & Other Services (Compensation) Act 1995 (Cth) and Social Security Act 1991 (Cth). 9 The details of the payments made to the Plaintiff, as set out in paragraph 2, are not to be disclosed except to the extent as required by law. Catchwords: SETTLEMENT – approval of settlement under s 76 of the Civil Procedure Act 2005 Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Principal judgment Parties: Chelsea Higgs BHT Kerry Higgins (Plaintiff) Equestrian NSW Incorporated (First Defendant) Equestrian Australia Limited (Second Defendant) Richard Massey (Third Defendant) James Scobie (Fourth Defendant) Representation: Counsel: R Sheldon SC with M Sandoval (Plaintiff) H Turner (Defendants)