Neylan (bht Neylan) v Crookes [2017] NSWSC 1460

Neylan (bht Neylan) v Crookes [2017] NSWSC 1460

The Court approved the agreed interim payment because the defendant had admitted negligence, the proposed amount was supported by the evidence as beneficial to the plaintiff and adequate for the immediate care regime, and any issue concerning remuneration of a private fund manager could be addressed by further discussions once quantified.

Jurisdiction
Australia
Judgment Date
24 October 2017
Procedural Posture
Medical Negligence Damages Claim Involving a Minor Plaintiff / Application for Approval of Agreement for Interim Payment of Damages and Consent Orders
Outcome
The parties' agreement to the interim payment was approved; consent orders were otherwise made; the matter was listed for further directions.
Legal Topics
['interim Payment' 'minor Plaintiff' 'private Fund Manager' 'admission of Negligence' "approval of Parties' Agreement"]
['protective Jurisdiction' 'civil Procedure' 'medical Negligence'] ['interim Payment' 'minor Plaintiff' 'private Fund Manager' 'admission of Negligence' "approval of Parties' Agreement"]

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Procedural Posture

Medical Negligence Damages Claim Involving a Minor Plaintiff / Application for Approval of Agreement for Interim Payment of Damages and Consent Orders

Legal Issues

  1. 1 ["Whether the Court should approve the parties' agreement for an interim payment of damages under s 82 Civil Procedure Act 2005 (NSW)." 'Whether the agreed interim payment was appropriate and for the benefit of the minor plaintiff despite no present provision for remuneration of a possible private fund manager.']

Ratio Decidendi

The Court approved the agreed interim payment because the defendant had admitted negligence, the proposed amount was supported by the evidence as beneficial to the plaintiff and adequate for the immediate care regime, and any issue concerning remuneration of a private fund manager could be addressed by further discussions once quantified.

Court Disposition

The parties' agreement to the interim payment was approved; consent orders were otherwise made; the matter was listed for further directions.

Orders

  • ["I approve of the parties' agreement to the interim payment;" 'I otherwise make orders in accordance with the consent orders signed by the solicitors for the parties and by me, dated today;' 'List the matter for further directions before the Registrar at 9am, 24 October 2018.']