Neil John Espley by his tutor Anita Espley v Strathaven Holdings Pty Ltd ATF Palace Hotel Unit Trust t/as The Palace Hotel Sydney Since 1877 [2019] NSWSC 800

Supreme Court New South Wales

Medium Neutral Citation: Neil John Espley by his tutor Anita Espley v Strathaven Holdings Pty Ltd ATF Palace Hotel Unit Trust t/as The Palace Hotel Sydney Since 1877 [2019] NSWSC 800 Hearing dates: 19 June 2019 Decision date: 28 June 2019 Jurisdiction: Common Law Before: Button J Decision: Settlement approved Catchwords: PRACTICE AND PROCEDURE – application for approval of settlement of personal injury proceedings commenced on behalf of person under legal incapacity – whether proposed settlement is in the interests of the plaintiff Legislation Cited: Civil Liability Act 2002 (NSW) Category: Principal judgment Parties: Neil John Espley by his tutor Anita Espley (Plaintiff) Strathaven Holdings Pty Ltd ATF Palace Hotel Unit Trust t/as The Palace Hotel Sydney Since 1877 (Defendant) Representation: Counsel: E Romaniuk SC (Plaintiff) C Kakakios (Defendant)

Solicitors: LHD Lawyers (Plaintiff) Clyde & Co (Defendant) File Number(s): 2016/232569

Judgment

Background 1. This application for approval of a settlement in personal injury proceedings came before me recently in the Duty list. The evidence placed before me without objection establishes the following. 2. On 2 October 2014, Mr Neil Espley (the plaintiff, who prosecutes the matter through a tutor for reasons that will shortly become apparent) intended to enjoy a weekend with male friends in Sydney, he residing on the Sunshine Coast. 3. On that Thursday evening, he was enjoying drinks in the Palace Hotel at Haymarket, which is within a historic building and was established in 1877. He sought to descend from the ground floor bar to the bathroom in the basement. Tragically, whilst using the stairs, he slipped and fell. 4. It was soon discovered that he had suffered a life-threatening head injury, and he was promptly taken by ambulance to St Vincent's Hospital Darlinghurst. 5. Thereafter, there were complications, and he has endured more than one operation to his skull and brain. He has been left with a permanent cognitive disability, and, quite apart from its impact upon him, in the words of one medical expert the whole ordeal has been a "colossal burden" on his loving wife. 6. As I understand it, there is no dispute between the parties that the fall occasioned grave, permanent deficits to the plaintiff. Having said that, entirely bona fide, different experts have taken different views about the severity of his injury, its long-term prognosis, and the degree of care or supervision that the plaintiff will require for the rest of his life.