Latham v North Sydney Municipal Council & Anor [2004] NSWSC 93

New South Wales Supreme Court

CITATION : Latham v North Sydney Municipal Council & Anor [2004] NSWSC 93 HEARING DATE(S) : 20/02/2004 JUDGMENT DATE : 26 February 2004 JURISDICTION: Common Law Division JUDGMENT OF : Hidden J at 1 DECISION : Entry of judgment in accordance with settlement reached between the plaintiff and first defendant deferred until second defendant's cross-claim determined.

CATCHWORDS : Action for damages for personal injury - two defendants - cross-claims by each defendant against the other - settlement between plaintiff and first defendant, giving judgment to first defendant - whether entry of judgment should be deferred until second defendant's cross-claim determined. LEGISLATION CITED : Damages (Infants and Persons of Unsound Mind) Act, 1929 Law Reform (Miscellaneous Provisions) Act, 1946 Aleknavicius v Pharmacia & Upjohn & Ors (Studdert J, unreported, 19.10.2000) CASES CITED : Cockatoo Dockyard Pty Ltd v Commonwealth of Australia [2001] NSWCA 468 James Hardie & Coy Pty Limited v Seltsam Pty Ltd (1998) 196 CLR 53 Yu Ge by her tutor Tao Ge v River Island Clothing Pty Ltd [2002] NSWSC 28 Anna Christine Latham by her tutor Chloris Ann Latham - Plaintiff PARTIES : North Sydney Municipal Council - First Defendant NSW Insurance Ministerial Corporation (Formerly GIO of NSW) - Second Defendant FILE NUMBER(S) : SC 10511/90 B Walker SC/G Graham - Plaintiff COUNSEL : P Garling SC/S Glascott - 1st Defendant M Neil QC/R Tonner - 2nd Defendant T D Kelly & Co - Plaintiff SOLICITORS : Phillips Fox - 1st Defendant Helen Chrysostomidis & Co Inc - 2nd Defendant