Page by his tutor NSW Trustee & Guardian v Gunewardene [2017] NSWSC 1539

Supreme Court New South Wales

Medium Neutral Citation: Page by his tutor NSW Trustee & Guardian v Gunewardene [2017] NSWSC 1539 Hearing dates: 7 November 2017 Date of orders: 14 November 2017 Decision date: 14 November 2017 Jurisdiction: Common Law Before: Harrison J Decision: (1) Note that this matter has settled, subject to approval, in accordance with the terms of a consent judgment dated 7 November 2017. (2) Approve the settlement of the proceedings between the plaintiff and the defendant pursuant to s 76(4) of the Civil Procedure Act, 2005. (3) Make orders in accordance with paragraphs 2 to 6 inclusive of the consent judgment. Catchwords: COMPROMISE – settlement of proceedings – judgment in favour of defendant – plaintiff under a disability – settlement approved – where there are no reasonable prospects of plaintiff establishing defendant's negligence – where proposed settlement is in plaintiff's best interests Legislation Cited: Civil Procedure Act 2005 Category: Procedural and other rulings Parties: Simon Ralph Page by his tutor NSW Trustee & Guardian (Plaintiff) Ranil Gunewardene (Defendant/Cross-Claimant) Big Beat (Australia) Pty Ltd (Cross-Defendant) Representation: Counsel: C T Barry QC with J Davidson (Plaintiff) M J Walsh SC (Defendant)

Solicitors: Shaw McDonald Lawyers (Plaintiff) Norton Rose Fulbright (Defendant/Cross-Claimant) Hicksons (Cross-Defendant) File Number(s): 2013/135068 Publication restriction: Nil