Chelsea Higgins BHT Kerry Higgins v Equestrian NSW Incorporated [2022] NSWSC 237

Chelsea Higgins BHT Kerry Higgins v Equestrian NSW Incorporated [2022] NSWSC 237

Having regard to the evidence concerning the incident and injuries, the expert conclave opinions bearing on duty of care and causation, the tutor's affidavit and the confidential advice, the Court was satisfied that the settlement should be approved under s 76 of the Civil Procedure Act 2005 (NSW) and that the ancillary terms were appropriate.

Jurisdiction
Australia
Judgment Date
14 February 2022
Procedural Posture
Common Law Proceeding for Damages Arising From Personal Injury / Application to Approve Settlement Under S 76 of the Civil Procedure Act 2005 (nsw) and Enter Consent Judgment
Outcome
Settlement approved and judgment entered in terms of the consent judgment proposed by the parties.
Legal Topics
['approval of Settlement' 'consent Judgment' 'tutor' 'duty of Care' 'causation' 'costs' 'statutory Compensation Recovery']
['civil Procedure' 'personal Injury' 'negligence'] ['approval of Settlement' 'consent Judgment' 'tutor' 'duty of Care' 'causation' 'costs' 'statutory Compensation Recovery']

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

Common Law Proceeding for Damages Arising From Personal Injury / Application to Approve Settlement Under S 76 of the Civil Procedure Act 2005 (nsw) and Enter Consent Judgment

Legal Issues

  1. 1 ['Whether the settlement reached between the parties should be approved under s 76 of the Civil Procedure Act 2005 (NSW).' 'Whether the proposed ancillary terms of the consent judgment were appropriate.']

Ratio Decidendi

Having regard to the evidence concerning the incident and injuries, the expert conclave opinions bearing on duty of care and causation, the tutor's affidavit and the confidential advice, the Court was satisfied that the settlement should be approved under s 76 of the Civil Procedure Act 2005 (NSW) and that the ancillary terms were appropriate.

Court Disposition

Settlement approved and judgment entered in terms of the consent judgment proposed by the parties.

Orders

  • ['The Plaintiff shall cause her action to be mentioned in Court and apply for approval of this settlement and for such other order as may be considered expedient in line with the provisions of the Civil Procedure Act 2005 (NSW).' 'Subject to approval, without admission of liability, judgment is entered in favour of...