Gruenewald by his tutor Gruenewald v Chalhoub [2018] NSWSC 1241

Supreme Court New South Wales

Medium Neutral Citation: Gruenewald by his tutor Gruenewald v Chalhoub [2018] NSWSC 1241 Hearing dates: 26 July 2018 Decision date: 10 August 2018 Jurisdiction: Common Law Before: Button J Decision: (1) Verdict for the plaintiff in the sum of XXXX plus recoverable legal costs. (2) The defendant must pay the plaintiff's costs of the motor accident claim and these proceedings, in the sum of $100,000. (3) That verdict sum is to be paid into court pending further order. Catchwords: CIVIL PROCEDURE – referral from District Court to Supreme Court for approval of settlement – personal injury proceedings on behalf of person under legal incapacity – whether proposed settlement is in the best interests of the incapacitated plaintiff – settlement approved Legislation Cited: Civil Procedure Act (NSW), s 76 Cases Cited: Gray v Richards (2014) 253 CLR 660; [2014] HCA 40 Category: Procedural and other rulings Parties: David Gruenewald by his Tutor Simon Gruenewald (Plaintiff) Emilio Chalhoub (Defendant) Representation: Counsel: P Doherty SC (Plaintiff)

Solicitors: Higgins Lawyers (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2018/161201 Publication restriction: Nil.

Judgment

Introduction 1. This matter came before me recently in the Duty List for approval of the settlement of personal injury proceedings arising from a motor vehicle accident, pursuant to s 76 of the Civil Procedure Act (NSW). 2. Although I have taken a little time to reflect on the matter, I am soundly satisfied that the settlement should be approved, and that the settlement is beneficial to the interests of the incapacitated plaintiff: see Gray v Richards (2014) 253 CLR 660; [2014] HCA 40.