Buerckner v Essential Energy [2013] NSWSC 640

Buerckner v Essential Energy [2013] NSWSC 640

The court found the proposed arrangement for settlement and discontinuance appropriate, especially considering the interests of the minor, Jack, and that adequate support had been secured, justifying leave to discontinue proceedings without an order as to costs.

Parties
Plaintiff: Debbra Nichelle Buerckner; Defendant: Essential Energy
Jurisdiction
Australia
Judgment Date
24 May 2013
Procedural Posture
Interlocutory Application / Leave to Discontinue Proceedings
Outcome
Leave given to discontinue both proceedings with no order as to costs.
Legal Topics
Damages, Compensation to Relatives, Discontinuance, Settlement
Common Law Damages Compensation to Relatives Discontinuance Settlement

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Parties

Debbra Nichelle Buerckner

Plaintiff

Essential Energy

Defendant

Procedural Posture

Interlocutory Application / Leave to Discontinue Proceedings

Legal Issues

  1. 1 Whether leave should be granted to discontinue Compensation to Relatives Act 1897 proceedings arising from a fatal accident involving a dependent child.

Ratio Decidendi

The court found the proposed arrangement for settlement and discontinuance appropriate, especially considering the interests of the minor, Jack, and that adequate support had been secured, justifying leave to discontinue proceedings without an order as to costs.

Court Disposition

Leave given to discontinue both proceedings with no order as to costs.

Orders

  • In proceedings number 2009/339468 leave is given to discontinue the proceedings with no order as to costs.
  • In proceedings number 2009/339467 leave is given to the Plaintiff to discontinue the proceedings with no order as to costs.