Dickson v Park & Anor [2023] NSWSC 569

Supreme Court New South Wales

Medium Neutral Citation: Dickson v Park & Anor [2023] NSWSC 569 Hearing dates: 26 April 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The settlement is approved pursuant to s 76 of the Civil Procedure Act 2005 (NSW) in accordance with the terms of the Consent Judgment dated 24 March 2023 signed by the parties. (2) I make orders in accordance with paragraphs 1, 2 and 6 of the Consent Judgment. (3) I note paragraphs 3, 4, 5, 7, 8, 9 and 10 of the Consent Judgment. (4) In accordance with s 77(2) of the Civil Procedure Act 2005 (NSW), I direct that, after deduction of the amounts referred to in the affidavit of Elizabeth Marion Utting dated 20 April 2023 and any further deductions payable pursuant to any government charges, the balance be paid into Court, subject to further orders of the Court. (5) I note it is the intention of the plaintiff's son, Brett Dickson, to make an application to be appointed the manager of the estate. That is a matter for the Court to consider when the application is made. (6) I vacate the hearing date of 19 June 2023. Catchwords: CIVIL PROCEDURE — Personal injury claim — Settlement or discontinuance — Court approval – where plaintiff is under a legal incapacity – where there is competing credible expert evidence – whether there are sufficient prospects of obtaining a more favourable judgment Legislation Cited: Civil Liability Act 2002 (NSW), s 5O Civil Procedure Act 2005 (NSW), ss 76, 77(2) Cases Cited: Elderfield v Transport Accident Commission (2010) 55 MVR 206; [2010] VSC 116 Permanent Trustee Company Ltd v Mills (2007) NSWLR 1; [2007] NSWSC 336 Somerset v Ley [1964] 1 WLR 640 Category: Principal judgment Parties: Gregory Dickson by his tutor Carlie Relf (Plaintiff) Dr Hyunmin Park (Second Defendant) Nepean Blue Mountains Local Health District (Third Defendant) Representation: Counsel: P D'Arcy-King (Plaintiff) B Bradley (Second Defendant)