BORG v. GIO [1999] NSWSC 46

BORG v. GIO [1999] NSWSC 46

The settlements were sanctioned because the Court was satisfied, on the agreed summary, counsel's assurances, the medical material, the proper allocation of heads of damage in the personal injuries claim, and the assessed provision for the children in the Compensation to Relatives Act claim, that the compromises were appropriate despite pleaded prospects of possible defences.

Jurisdiction
Australia
Judgment Date
10 February 1999
Procedural Posture
Motor Vehicle Accident Proceedings, Including a Compensation to Relatives Act Claim and a Personal Injuries Claim / Applications for Approval and Sanction of Compromise Settlements Under the Damages (infants and Persons of Unsound Mind) Act 1929
Outcome
Settlements sanctioned.
Legal Topics
['approval of Compromise' 'infants and Persons of Unsound Mind' 'deceased Parents' 'severe Personal Injuries' 'protective Commissioner' 'inevitable Accident']
['torts' 'motor Vehicle Accidents' 'personal Injury' 'compensation to Relatives'] ['approval of Compromise' 'infants and Persons of Unsound Mind' 'deceased Parents' 'severe Personal Injuries' 'protective Commissioner' 'inevitable Accident']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Motor Vehicle Accident Proceedings, Including a Compensation to Relatives Act Claim and a Personal Injuries Claim / Applications for Approval and Sanction of Compromise Settlements Under the Damages (infants and Persons of Unsound Mind) Act 1929

Legal Issues

  1. 1 ['Whether the court should sanction the compromise settlements in the Compensation to Relatives Act action and the personal injuries action.' 'Whether the settlement sums and arrangements for future provision for Pauline Josephine Borg were appropriate.' 'Whether monies payable under the judgments should be paid to the Protective Commissioner.']

Ratio Decidendi

The settlements were sanctioned because the Court was satisfied, on the agreed summary, counsel's assurances, the medical material, the proper allocation of heads of damage in the personal injuries claim, and the assessed provision for the children in the Compensation to Relatives Act claim, that the compromises were appropriate despite pleaded prospects of possible defences.

Court Disposition

Settlements sanctioned.

Orders

  • ['Judgment entered and costs ordered in accordance with the terms of settlement in action 12794/87, paragraphs 1, 2, 3, 4 and 8, with paragraphs 5, 6, 7, 9 and 10 noted.' 'Judgment entered and costs ordered in accordance with the terms of settlement in action 12793/87, paragraphs 1, 2, 3, 4, 5, 8, 9 and 10, with...