Goldsmith by her tutor the New South Wales Trustee and Guardian v Bisset [2016] NSWSC 353

Supreme Court New South Wales

Medium Neutral Citation: Goldsmith by her tutor the New South Wales Trustee and Guardian v Bisset [2016] NSWSC 353 Hearing dates: 22 March 2016 Date of orders: 22 March 2016 Decision date: 22 March 2016 Jurisdiction: Common Law Before: Campbell J Decision: By consent: (1)Grant Leave to Appeal (2)Direct the Appellant to file a Notice of Appeal in accordance with the amended draft contained in the White Folder within 7 days of today and otherwise dispense with the requirement as to service. (3)Appeal allowed in part (4)Set aside order 1 pronounced toby me on 29th may 2015 and instead enter the following order: (a)The questions ordered to be determined separately under r 28.2 Uniform Civil Procedures Rules 2005 (NSW) are answered as follows: Q1 Were the plaintiff's injuries caused by the negligence of the defendant? A. Yes. Q2 Was the plaintiff guilty of contributory negligence? A Yes to the extent of 20 per cent. (5)Confirm order 2 below that under r 28.3 judgment for the plaintiff for damages to be assessed. (6)Confirm order 3 below. (7)The appellant to pay the respondent's costs of the appeal as agreed or assessed on the ordinary basis Catchwords: PROCEDURE– person under legal incapacity- approval of settlement of liability issues- consent judgments and orders – where strongly contended appeal Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Dietz v Lennig Chemicals Pty Ltd [1969] 1 AC 170 Elderfield v Transport Accident Commission (2010) 55 MVR 206 Fox v Percy [2003] HCA 22; 214 CLR 118 Permanent Trustee Co Ltd v Mills [2007] NSWSC 336; 71 NSWLR 1 Rhodes v Swithenbank (1889) 22 QBD 577 Warren v Coombes [1979] HCA 9; 142 CLR 531 Category: Procedural and other rulings Parties: Charmayne Louise Goldsmith by her Tutor (The New South Wales Trustee and Guardian) (Plaintiff) Luke Bisset (Defendant) Representation: Counsel: J Maconachie QC with P Regattieri (Plaintiff) Mr R Stitt QC with Mr Ryan (Defendant)