Institoris by his next friend Maria Institoris v Falconer [2012] NSWCA 298

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Institoris by his next friend Maria Institoris v Falconer [2012] NSWCA 298 Hearing dates: 6 September 2012 Decision date: 06 September 2012 Before: Allsop P at [1] Decision: Stand over the approval application for the making of orders in chambers upon provision of an up-to-date notice of charge from Medicare. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: NEGLIGENCE - motor vehicle accident - injury to minor - appeal as to quantum of damages - settlement of proceedings - court approval required for minor Legislation Cited: Civil Procedure Act 2005 Cases Cited: Fairhurst v Fairhurst [2012] NSWSC 388 Category: Principal judgment Parties: Brodie Institoris by his next friend Maria Institoris (Applicant) Elizabeth Ann Falconer (First Respondent) Linda Ann Falconer (Second Respondent) Representation: Mr M Causer (Applicant) Ms E Doan (Respondents) Brydens Law Office (Applicant) Curwoods Lawyers (Respondents) File Number(s): 2012/101467 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-03-06 00:00:00 Before: Balla DCJ File Number(s): 2011/34384