Kandil by his tutor Kandil v Halliday [2017] NSWDC 327

District Court New South Wales

Medium Neutral Citation: Kandil by his tutor Kandil v Halliday [2017] NSWDC 327 Hearing dates: 12 October 2017 Date of orders: 12 October 2017 Decision date: 12 October 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: Pursuant to ss 75-77 Civil Procedure Act 2005 (NSW), approve the settlement set out in the Consent Order filed in court today and make orders as follows: (1) Judgment for the plaintiff for the sum in paragraph 1. (2) Each party pay his or its own costs of these proceedings, save that the defendant will pay the report fee of Dr Akkerman. (3) Note the undertaking of Mr Naushad Husaini, the current solicitor for the plaintiff, not to make any application to the NSW Trustee & Guardian for legal costs and that if any application is made in relation to the costs of the previous solicitor, Thomas Booler Lawyers (per Mr Marcel Joukhador), the parties are to have liberty to seek a personal costs order against those solicitors pursuant to s 99 Civil Procedure Act 2005 (NSW). (4) Note the provisions of paragraphs 3-7. (5) The net sum remaining after the deductions referred to in paragraphs 2 and 3, namely the sum in paragraph 4, is to be paid direct to the NSW Trustee & Guardian for investment until the plaintiff's 18th birthday. (6) Having regard to the manner in which the report of Dr Akkerman has failed to diagnose the plaintiff's condition in a manner consistent with the Code of Conduct, refer Dr Akkerman's report to the Health Care Complaints Commission. Catchwords: TORT – personal injury – minor brings action for damages for psychiatric injury following rear end collision – unsatisfactory medical evidence and delay by solicitor – whether settlement of the claim should be approved under ss 75 – 77 Civil Procedure Act 2005 (NSW) – settlement approved Legislation Cited: Civil Liability Act 2002 (NSW), s 31 Civil Procedure Act 2005 (NSW), ss 75-77 and 99 Cases Cited: Oshlack v Richmond River Council (1998) 193 CLR 72 Pascoe v Edsome Pty Ltd (No 2) [2007] NSWSC 544 Rafidi v Commonwealth Bank of Australia Ltd [2017] NSWCA 96 Category: Principal judgment Parties: Plaintiff: Nuh Kandil by his tutor Mohammad Abdullah Kandil Defendant: Maxine Halliday Representation: Counsel: Plaintiff: Mr J de Greenlaw Defendant: Ms J Gumbert