Patricia Punshon bht Bradley Mills-Punshon v Maryville Tavern Pty Limited [2024] NSWSC 341

Supreme Court New South Wales

Medium Neutral Citation: Patricia Punshon bht Bradley Mills-Punshon v Maryville Tavern Pty Limited [2024] NSWSC 341 Hearing dates: 27 March 2024 Date of orders: 27 March 2024 Decision date: 27 March 2024 Jurisdiction: Common Law Before: Wright J Decision: (1) Orders in accordance with par 1, par 6 (with the words "to the plaintiff" deleted and in their place the words "into court" inserted), and par 8 (with pars (b) and (c) deleted) of the Form of Consent Judgment. (2) An order that there be judgment for the plaintiff against the defendant in the sum specified in par 2 of the Form of Consent Judgment with costs and disbursements agreed in the sums specified in par 2 of the Form of Consent Judgment. (3) The Court notes the agreement between the parties that the plaintiff has a liability for contributory negligence of 70%. (4) The Court notes par 3, the acknowledgements in pars 4 and 5, the undertaking in par 7 and the agreement between the parties in par 9 of the Form of Consent Judgment. Catchwords: CIVIL PROCEDURE – settlement approval – whether settlement in best interests of person under disability Legislation Cited: Civil Procedure Act 2005 (NSW), s 76 Cases Cited: Bacon by his tutor Sarah Rea v Western New South Wales District [2023] NSWSC 1840 Permanent Trustee Co Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Re Ley's Trusts [1964] 1 WLR 640 Category: Procedural rulings Parties: Patricia Punshon by her tutor Bradley Mills-Punshon (Plaintiff) Maryville Tavern Pty Limited (Defendant) Representation: Counsel: G Schipp (Plaintiff) S Sorefan (Defendant)