ZABETAKIS v KERRIE KOUFOS (BY HER TUTOR PETER KOUFOS) SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL SHELLER, POWELL and COLE JJA 19 August 1997 [1997] NSWCA 353 Sheller CJ This appeal was listed for hearing before the Court today. It is an appeal by the defendant in proceedings heard by Mr Justice Sully on 24 April 1996. In those proceedings the plaintiff and respondent, Kerrie Koufos by her tutor Peter Koufos, who is her father, sought to recover damages from the respondent in relation to a motor vehicle accident which occurred on 15 April 1993. he plaintiff/respondent was born on 19 September 1991 and was aged, therefore, about nineteen months when she was injured, and is now not quite six years old. Mr Justice Sully was only concerned with the question of liability. The question of the assessment of damages if liability was found was left for the future. His Honour was satisfied that the plaintiffs case on liability was made out and, on that basis, gave judgment that there be a verdict for the plaintiff, interlocutory judgment for the plaintiff, with damages to be assessed and the defendant to pay the plaintiffs costs of hearing on liability. As I say, the defendant appealed to the Court from that judgment by leave of the Court. The matter having been called on this morning, the Court was informed that a compromise had been reached between the parties and the Court's approval was sought pursuant to s 4 of the Damages (Infants and Persons of Unsound Mind) Act 1929. The original proposal made by the parties to the Court was regarded as not satisfactory and, after some discussion, the matter was stood over for further consideration by the parties. In support of the compromise, an affidavit by Mr Koufos, the tutor, of 19 August 1997 was filed in court. The matter was then called on again at midday and a new form of order was presented to the Court for its approval. In support of the submission that the Court should approve the order, Mr Koufos gave evidence that the order had been explained to him and that he agreed to it. Mr Wheelahan of Queen's Counsel, who appeared with Mr Elkiam for the respondent, stated - and it is recorded on transcript - the advice that had been given by him and Mr Elkiam to the respondent's tutor. On the basis of that material, I am satisfied that it is appropriate that the Court approve the short minutes of order which have been handed up and, approve the short minutes of order which have been handed up and, accordingly, I would propose that the orders set out in the short minutes of order which have,become exhibit A should be made by the Court on the basis of the matters noted in the short minutes of order. Powell JA I agree. Cole JA I agree. 2 UNREPORTED JUDGMENTS Sheller JA The order of the Court will be, by consent, orders 1 and 2 in the short minutes of order. The Court notes the agreement set out in para 3 of the short minutes and notes the matters set out in para 4 of the short minutes. The orders and the agreement referred to in para 3 are approved by the Court pursuant to the Damages (Infants and Persons of Unsound Mind) Act 1929 as amended. As I have said the short minutes of order are exhibit A and I will initial them and they can be placed with the papers. and they can be placed with the papers. The order of the Court will be, by consent, orders | and 2 in the short minutes of order.