Howard (also on behalf of her children Angus Michael Howard, Lucy Jane Howard and Dougal Joseph Howard) v Richards; ; Howard (by her next friend Melanie Howard v Richards; ; Howard (by his next friend Melanie Howard) v Richards; ; Melanie (also on behalf of her children Angus Michael Howard, Lucy Jane Howard and Dougal Joseph; Howard) Howard v Richards; ; Howard by his next of friend Melanie Howard v Richards [2017] NSWSC 524

Howard (also on behalf of her children Angus Michael Howard, Lucy Jane Howard and Dougal Joseph Howard) v Richards; ; Howard (by her next friend Melanie Howard v Richards; ; Howard (by his next friend Melanie Howard) v Richards; ; Melanie (also on behalf of her children Angus Michael Howard, Lucy Jane Howard and Dougal Joseph; Howard) Howard v Richards; ; Howard by his next of friend Melanie Howard v Richards [2017] NSWSC 524

The terms of the settlement in respect of proceedings involving infant plaintiffs should be approved as appropriate, given the substantial legal issue on liability disclosed in the pleadings and consideration of the material relevant to the plaintiffs' circumstances.

Parties
Plaintiff: Melanie Howard; Plaintiff: Angus Michael Howard; Plaintiff: Lucy Jane Howard; Plaintiff: Dougal Joseph Howard; Defendant: Robert Thomas Richards
Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Civil / Settlement Approval for Proceedings Involving Infants
Outcome
Terms of settlement approved; orders made as set out in the consent judgment in each case.
Legal Topics
Compromise of Proceedings Involving Infants, Court Approval of Settlement, Liability in Recreational Activities
Common Law Civil Procedure Compromise of Proceedings Involving Infants Court Approval of Settlement Liability in Recreational Activities

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Parties

Melanie Howard

Plaintiff

Angus Michael Howard

Plaintiff

Lucy Jane Howard

Plaintiff

Dougal Joseph Howard

Plaintiff

Robert Thomas Richards

Defendant

Procedural Posture

Civil / Settlement Approval for Proceedings Involving Infants

Legal Issues

  1. 1 Whether the settlement of proceedings involving infant plaintiffs should be approved by the Court under section 76 of the Civil Procedure Act 2005 (NSW)
  2. 2 Whether pleadings disclose a substantial issue as to liability relating to a water skiing accident

Ratio Decidendi

The terms of the settlement in respect of proceedings involving infant plaintiffs should be approved as appropriate, given the substantial legal issue on liability disclosed in the pleadings and consideration of the material relevant to the plaintiffs' circumstances.

Court Disposition

Terms of settlement approved; orders made as set out in the consent judgment in each case.

Orders

  • The proceedings brought by Melanie Howard for nervous shock dismissed with no order as to costs.
  • Each of the claims by the children for nervous shock dismissed with no order as to costs.