Gojak v Transport Accident Commission [2019] NSWSC 1745

Supreme Court New South Wales

Medium Neutral Citation: Gojak v Transport Accident Commission [2019] NSWSC 1745 Hearing dates: 04 December 2019 Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Common Law Before: Cavanagh J Decision: I make the following orders in accordance with the consent judgment proposed, pursuant to section 76 of the Civil Procedure Act 2005 (NSW): (1) I approve the agreement between the parties set out in the consent order which I will seal and place with the papers on the terms set out in the consent orders. (2) There will be judgment for the plaintiff in the sum set out in para 2 of the consent judgment. Such sum will be in addition to the funds management fees and costs agreed to as referred to in para 2 of the consent judgment. (3) I make Order 3 as set out in the consent orders. I note the parties' agreement in paras 4, 5, 7, and 9. I make the orders proposed in para 6 of the consent orders. (4) I also order that the amount of $1,808.95 be deducted from the settlement sum and paid directly to Samantha Gojak in reimbursement of the medical expenses which she has incurred. (5) The advice of counsel for the plaintiff will remain on the file in the envelope marked Confidential and access should not be granted to it without leave of the judge of the court and without 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 Liability Act 2002 (NSW), s 15 Civil Procedure Act 2005 (NSW), s 76 Transport Accident Act 1986 (Vic), s 35 Cases Cited: Permanent Trustee Company Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Category: Procedural and other rulings Parties: Michael Anthony Gojak by his next friend Samantha Gojak (Plaintiff) Transport Accident Commission (Defendant) Representation: Counsel: Mr A Lakeman (Plaintiff)