Brownlie v Murray [2018] NSWCA 4

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Brownlie v Murray [2018] NSWCA 4 Hearing dates: On the papers Date of orders: 31 January 2018 Decision date: 31 January 2018 Before: Harrison J Decision: (1) Set aside the judgment of Delaney ADCJ dated 4 October 2017. (2) In lieu thereof, order that there be judgment for the plaintiff for $1,650,000 plus costs. (3) I approve the settlement pursuant to s 76(4) of the Civil Procedure Act 2005 with respect to so much of the judgment monies as are to be apportioned in favour of: (a) Xxx Xxx born xx xx xx in the sum of $300,000; (b) Xxx Xxx born xx xx xx in the sum of $340,000. (4) I order in accordance with s 77(2) of the Civil Procedure Act 2005 that the sums referred to in orders (3)(a) and (3)(b) hereof be paid into Court for payment out thereafter to the NSW Trustee & Guardian upon trust for Xxx Xxx and Xxx Xxx respectively until each attains the age of 18 years or as the Court may upon application made pursuant to s 77(3) of that Act otherwise direct. Catchwords: CIVIL PROCEDURE – settlement – court approval – where proceedings commenced on behalf of minors Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76(4), 77(2), (3) Compensation to Relatives Act 1897 (NSW) Category: Principal judgment Parties: Alexander Thomas Brownlie (Appellant) Alison Jean Murray (Respondent) Representation: Counsel: A Stone SC (Respondent)

Solicitors: Curwoods Lawyers (Appellant) John McGuire & Associates (Respondent) File Number(s): 2017/304509 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 11 September 2017 Before: Delaney ADCJ File Number(s): 2016/138544