Sass v Allianz Insurance Ltd [2012] NSWSC 844

Supreme Court New South Wales

Medium Neutral Citation: Sass v Allianz Insurance Ltd [2012] NSWSC 844 Hearing dates: 01/06/2012 Decision date: 01 June 2012 Before: Garling J Decision: (1) Pursuant to section 76 of the Civil Procedure Act 2005 I approve of the agreement between the parties set out in the consent orders. (2) Order that there be judgment for the plaintiff in the sum set out in paragraph 2 of the consent judgment plus past out of pocket expenses as paid by the defendant up to and including 1 June 2012, plus legal costs as agreed. (3) Note the parties' agreements in paragraphs 3, 4, 5, 6, 7, 8, and 9 of the consent judgment. (4) Order that the defendant is to pay the sum of $200,000 into court to abide any further order of the court. (5) Order the defendant to pay the balance of the judgment after deductions approved by the Court to the plaintiff's court-appointed guardian in Hanover, Germany, Dr Wolfgang Nicholas Fontaine to be invested, managed and applied by him for the benefit of the plaintiff. Catchwords: PRACTICE AND PROCEDURE - proposed settlement between court-appointed guardian and financial custodian of plaintiff and defendant - settlement requires approval of court under s 76 Civil Procedure Act 2005 because plaintiff a person under legal incapacity - plaintiff resides in Germany - relevant considerations Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Category: Procedural and other rulings Parties: Madeline Sass by her tutor Anke Sass Allianz Insurance Australia Limited Representation: M A Cleary (P) D P Newell (D) Solicitors: Stacks Goudkamp (P) Dibbs Barker (D) File Number(s): 2005/269498