Randall by his tutor Dr Frank Ainsworth v State of New South Wales [2017] NSWSC 807

Supreme Court New South Wales

Medium Neutral Citation: Randall by his tutor Dr Frank Ainsworth v State of New South Wales [2017] NSWSC 807 Hearing dates: 20 June 2017 Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to Section 75 of the Civil Procedure Act 2005, the settlement of the Plaintiffs be approved.

2. Judgment for the Plaintiff in the sum of $625,000 inclusive of any interest and/or Medicare and/or Centrelink payback (the Judgment Sum).

3. No order as to costs.

4. The amount specified by Medicare to be repayable is to be deducted and paid by the Defendant to Medicare Australia. The current estimate of that deduction is $3200.00.

5. The amount of $20,000 repayable to Victims Services NSW is to be deducted and paid by the Defendant.

6. Any amounts required by statute to be repaid are to be deducted and paid by the Defendant.

7. The Judgment Sum after deduction of the amounts referred to in paragraphs 4, 5, and 6 is to be paid to the solicitor for the Plaintiff, Carroll & O'Dea, lawyers into their Trust Account, on the undertaking of the solicitors for the Plaintiff to invest the sum and to account to the Plaintiff for the principal and interest on the Plaintiffs 18th birthday being 3 November 2017. The Court notes:

8. No interest shall be payable in respect of the judgment referred to in paragraph 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 the terms are filed in the Court, until 28 days after receipt by the Defendant's solicitors of the sealed consent judgment; (c) Receipt by the Defendant of a notice under section 24 or 25 of the Health and Other Services (Compensation) Act 1995; (d) Receipt by the Defendant of a notice of charge from Centrelink; (e) Receipt by the Defendant's solicitor of a signed authority to receive from the Plaintiffs solicitor.