David Supple by his tutor Rachel Supple v Bellingen Shire Council [2016] NSWSC 1882

Supreme Court New South Wales

Medium Neutral Citation: David Supple by his tutor Rachel Supple v Bellingen Shire Council [2016] NSWSC 1882 Hearing dates: 16 December 2016 Date of orders: 16 December 2016 Decision date: 16 December 2016 Jurisdiction: Common Law Before: Campbell J Decision: I approve the compromise of the litigation in accordance with s 76(3) of the Civil Procedure Act 2005; By and with the consent of the parties I order judgment in accordance with term 1 and 2 of the Consent order; I make orders for payment in and disbursement in accordance with term 3 (a) to (d); I note the agreement of the parties recorded in terms 4, 5, 6; Grant liberty to the parties to apply with 7 days' notice; I direct the Registrar not to comply with Order 3(b) except upon production of the Trustee's written consent; I direct seal of the court be affixed to the consent judgment. Catchwords: TORT – negligence - Council – maintenance of roadways – where cyclist suffered severe head and brain injuries after hitting "shove" in road – highway cases notoriously difficult – confidential advice - best interests of plaintiff - settlement approved by Court Legislation Cited: Civil Liability Act 2002 (NSW) ss 43A, 45 Cases Cited: Brodie v Singleton Shire Council [2001] HCA 29; 206 CLR 512 North Sydney Council v Roman [2007] NSWCA 27; 69 NSWLR 240 Category: Procedural and other rulings Parties: David Supple by his tutor Rachel Louise Supple (Plaintiff) Bellingen Shire Council (Defendant) Representation: Counsel: I Roberts SC with M Perry (Plaintiff) C. Coventry (Defendant) M.G. Fishburn (Plaintiff) Sparke Helmore Lawyers (Defendant File Number(s): 2013/364982