Smith bht Magnusson v NRMA Insurance Australia Ltd [2008] NSWDC 261

New South Wales District Court

CITATION: Smith bht Magnusson v NRMA Insurance Australia Ltd [2008] NSWDC 261

HEARING DATE(S): 24 October 2008 EX TEMPORE JUDGMENT DATE : 24 October 2008

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

1. Pursuant to ss 76 and 77 Civil Procedure Act, approval the settlement sum and costs orders contained in Annexure A to the affidavit of John McManis but decline to make orders paying the net sum payable by the defendant to the holders of the plaintiff's power of attorney and enduring guardians attorney. 2. Judgment for the plaintiff for the sum in paragraph 2 of the Consent Judgment. 3. Defendant pay the plaintiff's costs as per paragraph 3 of the Consent Judgment. DECISION: 4. Note the provisions of paragraphs 4-8 of the Consent Judgment. 5. The net sum payable after any deductions of the kind referred to in paragraphs 4 and 5 is to be paid into court for investment in accordance with paragraph 6 of the Consent Order pending an application to the Supreme Court or the Guardianship Tribunal. 6. Upon the said appointment, the solicitors for the plaintiff may make application to the manger of the plaintiff's estate for the transfer of the $50,000 referred to in paragraph 11 of the affidavit of Mr McManis to be paid direct to the plaintiff's tutor and to Ms Axford (in the sum of $25,000 each) and if the manager agrees this sum plus interest may be paid direct by the Registrar. 7. Liberty to restore before Gibson DCJ in the event of any refusal by the manager to make the said payment. 8. A copy of these orders is to be sent to the Guardianship Tribunal.