Sharp bht Sharp v Illawarra Shoalhaven Local Health District [2018] NSWSC 545

Supreme Court New South Wales

Medium Neutral Citation: Sharp bht Sharp v Illawarra Shoalhaven Local Health District [2018] NSWSC 545 Hearing dates: 27 February 2018 Date of orders: 27 February 2018 Decision date: 30 April 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Settlement approved in accordance with s 76(3) of the Civil Procedure Act 2005.

(2) Judgment in accordance with Plaintiff's Offer of Compromise of 10 December 2017.

(3) Order that the defendant pay the plaintiff's costs as agreed or assessed in accordance with r 42.1 of the Uniform Civil Procedure Rules 2005.

(4) Order that the defendant forward the sum of $4,065.05 to Medicare Australia representing payment of the Notice of Charge dated 1 September 2017.

(5) Order that the defendant request a Statutory clearance from Centrelink within 3 days of these orders approving settlement.

(6) Order that the defendant pay the balance of judgment monies after the statutory deductions into Court pursuant to s 77(2) of the Civil Procedure Act 2005 pending further order of the Court.

(7) No interest shall be payable on the judgment herein if said be paid within 28 days after:-

(a) The date of these orders; or

(b) Within 28 days after receipt by the defendant of a notice concerning any charge repayable to the Department of Social Security (Centrelink) provided that the defendant seeks a clearance from Centrelink within 3 days of receipt of sealed Judgment/Orders; or

(c) Within 28 days after receipt by the defendant of a notice from the Managing Director of Medicare Australia under s 24 or s 25 of the Health and Other Services (Compensation) Act 1995;