King v Liverpool City Council (No.3) [2018] NSWSC 1047

Supreme Court New South Wales

Medium Neutral Citation: King v Liverpool City Council (No.3) [2018] NSWSC 1047 Hearing dates: 6 July 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Vacate the hearing date fixed for 30 July 2018. (2) Approve the proposed settlement pursuant to s 173 of the Civil Procedure Act 2005. (3) Order that all costs orders made against the plaintiff are vacated. (4) Order that the order for security for costs is vacated. (5) Order that the monies paid into a controlled account by the plaintiff as security for costs, together with interest, are to be paid to the plaintiff. (6) Order that the plaintiff be released from his undertaking given to the Court on 24 August 2017. (7) Order the defendant to pay the plaintiff's solicitor the sum of $200,000 within 28 days. (8) The Court notes the agreement of the parties that this money is to be disbursed by the plaintiff's solicitor in payment of disbursements incurred in the litigation other than legal costs. Further note that no part of this sum is to be paid to the plaintiff nor any of the group members. (9) Judgment for the defendant on the plaintiff's claim. (10) Otherwise dismiss the proceedings. (11) Order each party to pay his and its own legal costs of the proceedings. Catchwords: CIVIL PROCEDURE – representative proceedings – personal injury claim – settlement approval – Civil Procedure Act 2005, s 173 – claim unlikely to succeed – no opposition by group members – satisfied that the settlement is in the plaintiff's interests – settlement approved Legislation Cited: Civil Procedure Act 2005 Cases Cited: Johnston v Endeavour Energy [2016] NSWSC 1132 King v Liverpool City Council [2017] NSWSC 1148 King v Liverpool City Council (No.2) [2018] NSWSC 29 Texts Cited: Not Applicable Category: Principal judgment Parties: Bernard King (P) Liverpool City Council (D) Representation: Counsel: M Finnane QC (P) A Abadee (D)