Salveron v Trustees of the De La Salle Brothers t/as De La Salle College, Revesby [2018] NSWSC 1537

Salveron v Trustees of the De La Salle Brothers t/as De La Salle College, Revesby [2018] NSWSC 1537

Having carefully read the referee's report, and having regard to its nature and contents, the reasons justifying the conclusions reached, and the absence of any objection, it was appropriate to adopt the report in whole, consistently with the overriding purpose in s 56 of the Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
05 October 2018
Procedural Posture
Civil Procedure Ruling in Personal Injury Damages Proceedings / Plaintiff's Oral Motion for Adoption of Referee Report Under R 20.24 of the Uniform Civil Procedure Rules 2005
Outcome
Referee report adopted in whole; judgment ordered in favour of the plaintiff against the second and third defendants; costs ordered against the first, second and third defendants; plaintiff ordered to discontinue against the first defendant after payment; matter finalised.
Legal Topics
['referral to Referee' 'adoption of Referee Report' 'costs' 'discontinuance' 'assessment of Damages Under the Civil Liability Act 2002']
['civil Procedure' 'personal Injury Damages'] ['referral to Referee' 'adoption of Referee Report' 'costs' 'discontinuance' 'assessment of Damages Under the Civil Liability Act 2002']

Case Brief

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Procedural Posture

Civil Procedure Ruling in Personal Injury Damages Proceedings / Plaintiff's Oral Motion for Adoption of Referee Report Under R 20.24 of the Uniform Civil Procedure Rules 2005

Legal Issues

  1. 1 ["Whether the Court should adopt in whole the referee's report on the appropriate amount to be awarded to the plaintiff for personal injury damages."]

Ratio Decidendi

Having carefully read the referee's report, and having regard to its nature and contents, the reasons justifying the conclusions reached, and the absence of any objection, it was appropriate to adopt the report in whole, consistently with the overriding purpose in s 56 of the Civil Procedure Act 2005.

Court Disposition

Referee report adopted in whole; judgment ordered in favour of the plaintiff against the second and third defendants; costs ordered against the first, second and third defendants; plaintiff ordered to discontinue against the first defendant after payment; matter finalised.

Orders

  • ['Pursuant to r 20.24(1) of the Uniform Civil Procedure Rules 2005, the Court adopts the report of Ms Margaret Sidis dated 6 September 2016, in whole.' 'Order that there be judgment in favour of the plaintiff against the second and third defendants in the sum set out in Order 2 of the Short Minutes of Order...