Gerrard v South Eastern Sydney Local Health District [2011] NSWSC 1644

Supreme Court New South Wales

Medium Neutral Citation: Gerrard v South Eastern Sydney Local Health District [2011] NSWSC 1644 Hearing dates: 18/11/2011 Decision date: 18 November 2011 Jurisdiction: Common Law Before: Garling J Decision: (a) I order that the first defendant's name be amended from South Eastern Sydney Local Health Network to South Eastern Sydney Local Health District. (b) Pursuant to section 76(4) of the Civil Procedure Act 2005, I approve the agreement for the settlement of the proceedings recorded in the terms of settlement of 18 November 2011. (c) I order that there be judgment for the plaintiff against the first defendant in the sum set out in paragraph 1 of the terms of settlement. (d) I order that there be judgment for the plaintiff against the second defendant in the sum set out in paragraph 2 of the terms of settlement. (e) I order that the first and second defendants pay the plaintiff's costs of the proceedings against the first and second defendants, on the ordinary basis as agreed or taxed in the proportions respectively of 10 per cent and 90 per cent. (f) I note that the judgment sums include all amounts payable, if any, under the Health and Other Services (Compensation) Act 1995 or the Health and Other Services (Compensation) Care Charges Act 1995, the Social Security Act 1991 or any other legislation under which repayment must be made. (g) I order that pursuant to section 77(2) of the Civil Procedure Act 2005 that the first defendant is to pay the judgment sum referred to in paragraph 1 of the terms settlement into Court, subject to any lawful deductions or deductions agreed between the parties. (h) I order that pursuant to section 77(2) of the Civil Procedure Act that the second defendant pay into the Court the judgment sum set forth in paragraph 2 of the terms of settlement, subject to any lawful deductions. (i) I note the agreement of the parties that the first and second defendants are at liberty to deduct and pay from the judgment sums any amount repayable under the relevant legislation. (j) I note the agreement of the parties that interest will not begin to accrue on the judgment sum which is unpaid until 28 days after the receipt by the first and second defendants lawyers of a written notice that the first and second defendants must lawfully pay any amount under the relevant legislation or else that no amount is required to be paid. (k) I note that the parties are agreed that these terms of settlement are not to be disclosed except as required by law. Catchwords: CIVIL - Negligence - Personal injury - Proposed settlement - Significant dispute on question of liability - Disputed options for damages would result in significant differences - Approved pursuant to s76(4) Civil Procedure Act Legislation Cited: Civil Procedure Act 2005 Health and Other Services (Compensation) Act 1995 (Cth) Health and Other Services (Compensation) Care Charges Act 1995 (Cth) Social Security Act 1991 (Cth) Category: Principal judgment Parties: Samantha Gerrard South Eastern Sydney Local Health District Representation: M Cranitch SC (P) R Weinstein SC (D1) E C Muston (D2) Beilby Poulden Costello Lawyers (P) GILD Insurance Litigation Pty Ltd (D1) Blake Dawson Lawyers File Number(s): 2008/289164 Publication restriction: Nil