Matthews bht Phillip Matthews v Insurance Commission of Western Australia [2019] NSWSC 562

Supreme Court New South Wales

Medium Neutral Citation: Matthews bht Phillip Matthews v Insurance Commission of Western Australia [2019] NSWSC 562 Hearing dates: 30 April, 2 May 2019 Decision date: 02 May 2019 Jurisdiction: Common Law Before: Ierace J Decision: 1. Pursuant to s 76 of the Civil Procedure Act 2005 (NSW), I approve the agreement between the parties set out in the consent orders which I will seal and place with the papers on the terms set out in that consent judgment.

2. I order that there be judgment for the plaintiff in the sum set out in para 2 of the consent judgment.

3. I note the parties' agreements in paras 4, 5, 6 and 7 of the consent judgment.

4. The advice of senior counsel for the plaintiff will remain on the file in an envelope marked "Confidential" and access shall not be granted to it without leave of a Judge of the Court and with prior notice to the plaintiff so as to allow him an opportunity to be heard in respect of the application for access. Catchwords: CIVIL PROCEDURE – approval of settlement – by consent – whether the Court is satisfied that the settlement is beneficial to the person under legal incapacity – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW), s 76 Cases Cited: Permanent Trustee Co Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Category: Principal judgment Parties: Steven Matthews bht Phillip Matthews (Plaintiff) Insurance Commission of Western Australia (Defendant) Representation: Counsel: P Mooney SC; S Maybury (Plaintiff) P Mison (solicitor) (Defendant)