Turner v Port Macquarie Community College Incorporated [2022] NSWSC 950

Turner v Port Macquarie Community College Incorporated [2022] NSWSC 950

The tutor had been appointed out of caution because of the plaintiff's head injury, but the evidence showed the plaintiff was not under legal incapacity and did not require a tutor; accordingly, the Court removed Sarah Younger as tutor. The plaintiff and first defendant had negotiated a settlement under which judgment was entered for the first defendant and each was to pay their own costs.

Jurisdiction
Australia
Judgment Date
18 July 2022
Procedural Posture
Common Law Proceeding Seeking Damages for Alleged Negligence / Notice of Motion for Removal of Tutor; Judgment Entered for the First Defendant Following Negotiated Settlement
Outcome
Tutor removed; judgment for the first defendant; plaintiff and first defendant to pay their own costs.
Legal Topics
['removal of Tutor' 'legal Incapacity' 'settlement' 'school Excursion Accident']
['civil Procedure' 'negligence' 'personal Injury'] ['removal of Tutor' 'legal Incapacity' 'settlement' 'school Excursion Accident']

Case Brief

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Procedural Posture

Common Law Proceeding Seeking Damages for Alleged Negligence / Notice of Motion for Removal of Tutor; Judgment Entered for the First Defendant Following Negotiated Settlement

Legal Issues

  1. 1 ['Whether the plaintiff is a person who is not under legal incapacity and the tutor Sarah Younger should be removed from the proceedings pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005 (NSW).' "Whether judgment should be entered for the first defendant on the parties' negotiated settlement, with the plaintiff and first defendant paying their own costs."]

Ratio Decidendi

The tutor had been appointed out of caution because of the plaintiff's head injury, but the evidence showed the plaintiff was not under legal incapacity and did not require a tutor; accordingly, the Court removed Sarah Younger as tutor. The plaintiff and first defendant had negotiated a settlement under which judgment was entered for the first defendant and each was to pay their own costs.

Court Disposition

Tutor removed; judgment for the first defendant; plaintiff and first defendant to pay their own costs.

Orders

  • ['The plaintiff is a person who is not under legal incapacity and pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005 (NSW), the Court removes the tutor Sarah Younger from these proceedings.' 'Judgment for the first defendant.' 'The plaintiff and the first defendant to pay their own costs.']