Weeks v Transpacific Cleanaway Pty Ltd [2015] NSWSC 1290

Weeks v Transpacific Cleanaway Pty Ltd [2015] NSWSC 1290

Because the parties had executed a deed of compromise and then handed up a signed form of consent judgment finalising the proceedings, it was appropriate to make orders in accordance with that consent judgment rather than further adjourn the matter pending payment of settlement moneys.

Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Claim for Damages for Personal Injury Suffered by the Plaintiff in the Course of His Work / Finalisation of Proceedings by Consent Judgment After Settlement
Outcome
Proceedings dismissed with no order as to costs by consent judgment.
Legal Topics
['settlement' 'deed of Compromise' 'consent Judgment' 'adjournment' 'dismissal With No Order as to Costs']
['civil Procedure' 'personal Injury'] ['settlement' 'deed of Compromise' 'consent Judgment' 'adjournment' 'dismissal With No Order as to Costs']

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Procedural Posture

Claim for Damages for Personal Injury Suffered by the Plaintiff in the Course of His Work / Finalisation of Proceedings by Consent Judgment After Settlement

Legal Issues

  1. 1 ['Whether the proceedings should be further adjourned pending payment of settlement moneys after execution of a deed of compromise.' "Whether, after execution of the deed of compromise, the plaintiff's remedy for non-performance was to continue these proceedings or sue on the deed."]

Ratio Decidendi

Because the parties had executed a deed of compromise and then handed up a signed form of consent judgment finalising the proceedings, it was appropriate to make orders in accordance with that consent judgment rather than further adjourn the matter pending payment of settlement moneys.

Court Disposition

Proceedings dismissed with no order as to costs by consent judgment.

Orders

  • ['Orders made in accordance with the form of consent judgment signed by counsel for the plaintiff and the solicitor for the defendant.' 'The proceedings are dismissed with no order as to costs.' 'The orders may be entered forthwith.' 'The seal of the Court is to be affixed to the form of consent order and a copy...