Simpson v Guild Insurance Limited [2017] NSWSC 352

Supreme Court New South Wales

Medium Neutral Citation: Simpson v Guild Insurance Limited [2017] NSWSC 352 Hearing dates: 3 April 2017 Decision date: 05 April 2017 Jurisdiction: Common Law Before: Button J Decision: (1) The defendant is to pay damages for funds management over the plaintiff's life expectancy of 72 years, in the amount of XXX. (2) The amount for funds management referred to above is to be paid into Court pending further order. (3) No interest shall be payable, in respect of the amount referred to in order 1, if it is paid within 28 days, whichever is the later, of the following: (a) From the date of judgment; or (b) In the event that terms are filed in the Court, until 28 days after receipt by the defendant's solicitors of the sealed consent judgment. (4) The plaintiff's costs (once agreed or assessed) are to be paid directly by the plaintiff's solicitors in accordance with an Authority to Receive to be executed by the plaintiff's next friend. (5) Costs of the now-resolved dispute about funds management are to be paid by the defendant. Catchwords: CIVIL – PRACTICE AND PROCEDURE – application for approval of discrete aspect of settlement – personal injury proceedings commenced on behalf of a person under legal incapacity – whether proposed settlement is in the interests of the plaintiff – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW), s 76 Court Suppression and Non-Publication Orders Act 2010 (NSW) Cases Cited: Gray v Richards (2014) 253 CLR 660; [2014] HCA 40 Institoris by his next friend Maria Institoris v Falconer [2012] NSWCA 298 Category: Principal judgment Parties: Luke Simpson by his next friend Andrew Simpson (Plaintiff) Guild Insurance Limited (Defendant) Representation: Counsel: P Semmler QC and R J Taylor (Plaintiff)