Adam Tyson bht Ian Tyson v Paul Sciberras [2024] NSWSC 287

Supreme Court New South Wales

Medium Neutral Citation: Adam Tyson bht Ian Tyson v Paul Sciberras [2024] NSWSC 287 Hearing dates: 8 March 2024 Date of orders: 8 March 2024 Decision date: 08 March 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Approve the proposed settlement as set out in the Consent Judgment dated 5 February 2024 as amended by the Court on 8 March 2024. (2) Direct, from the amounts paid into Court the sum of $73,000 be paid out to Stacks Goudkamp, to be held in their trust account until the completion of final costs accounting. (3) Grant liberty to the plaintiff by his tutor to apply for payment out of the moneys held in Court under s 77(3) Civil Procedure Act 2005 (NSW) on three days' notice to the Associate to the Honourable Campbell J and to the defendants. Catchwords: CIVIL PROCEDURE – proceedings commenced on behalf of person under legal incapacity – settlement approval application – Court to consider the best interests of plaintiff – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76, 77 Health and Other Services (Compensation) Act 1995 (Cth), ss 24, 25 Category: Principal judgment Parties: Adam Tyson by his tutor Ian Tyson (Plaintiff) Paul John Sciberras (First Defendant) Loren Kelly Sciberras (Second Defendant) Boing Pty Ltd (Deregistered) (Third Defendant) QBE Insurance (Australia) Limited (Fourth Defendant) Representation: Counsel: J Gumbert (Plaintiff) TChester (Solicitor) (First and Second Defendant) A Cass (Solicitor) (Fourth Defendant)