Al Majid v State of New South Wales [2023] NSWSC 974

Supreme Court New South Wales

Medium Neutral Citation: Al Majid v State of New South Wales [2023] NSWSC 974 Hearing dates: 17 July 2023 Date of orders: 17 July 2023 Decision date: 17 July 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The Court approves the settlement pursuant to s 76 Civil Procedure Act 2005 (NSW) in accordance with the terms of the Consent Judgment dated 17 July 2023 and signed by the legal representatives of the parties. (2) Judgment for the defendant. (3) The defendant is to pay $30,000 to the plaintiff's solicitor in payment of the plaintiff's legal costs and disbursements within 28 days of receipt of a filed copy of this Judgment, save that 10% of this sum will be paid to Medicare as an advance payment. Catchwords: NEGLIGENCE — Personal injuries — Settlement approval – where plaintiff claims that the defendant failed to take measures to prevent an assault on him in custody – where defendant asserts that the plaintiff's injuries arose after he committed a serious offence – where proposed settlement includes judgment for the defendant – where plaintiff under a legal incapacity – whether the Court is satisfied that the settlement is for the plaintiff's benefit Legislation Cited: Civil Liability Act 2002 (NSW), s 54 Civil Procedure Act 2005 (NSW), s 76 Crown Proceedings Act 1988 (NSW), s 5 Cases Cited: Permanent Trustee Co Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Williams v Hunter New England Local Health District [2022] NSWSC 1042 Category: Procedural rulings Parties: Zaidoun Mazin Al Majid (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: T Hickey (Plaintiff) A N Williams (Defendant)