Lampion v Lampion; Lampion by tutor Lampion v Lampion [2015] NSWDC 32

District Court New South Wales

Medium Neutral Citation: Lampion v Lampion; Lampion by tutor Lampion v Lampion [2015] NSWDC 32 Hearing dates: 10 February 2015 Decision date: 10 February 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: See paragraphs 40 to 42 Catchwords: PRACTICE AND PROCEDURE - the plaintiffs, a mother and daughter, commence proceedings for damages for sexual assault, nervous shock and pursuant to the Compensation to Relatives Act 1897 (NSW) following sexual abuse by the defendant of the daughter - proceedings listed for hearing - trial judge told that the proceedings had settled and the hearing date vacated - defendant subsequently claimed proceedings were not settled - plaintiffs bring application under s 73 Civil Procedure Act 2005 (NSW) - whether proceedings settled - whether asserted refusal of the defendant's wife (not a party to proceedings) had in fact occurred - whether orders in accordance with the proposed agreed settlement should be made - orders sought by plaintiffs, including approval of the settlement sums in relation to the daughter (pursuant to ss 75 - 77 Civil Procedure Act) made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 75-77 and 101 Compensation to Relatives Act 1897 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 12.3 Cases Cited: Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Grave v Blazevic Holdings Pty Ltd [2012] NSWCA 329 Hills Industries Ltd (t/as Hills Eco) v Hiley [2012] SADC 148 Holland by next friend Holland v The Minister for Health [2001] WADC 215 Humphris-Clark v Lazaridis [2010] NSWSC 318 Jones v Dunkel (1959) 101 CLR 298 Love & Stewart Ltd v S Instone & Co Ltd (1917) 33 TLR 475 Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 210 CLR 181 Masters v Cameron (1954) 91 CLR 353 Sinclair Scott & Co Ltd v Naughton (1929) 43 CLR 310 Texts Cited: Ritchie's Uniform Civil Procedure (NSW) Category: Principal judgment Parties: Plaintiff in 2013/210386 and 2013/210391: Linda Lampion Plaintiff in 2013/210388: Elise Lampion by tutor Linda Lampion Defendant: David Lampion Representation: Plaintiffs: Mr R de Meyrick Defendant: Mr N Newton / Mr T Buterin