Monica v Brown [2018] NSWSC 15

Monica v Brown [2018] NSWSC 15

Having considered the plaintiff's affidavit, counsel's working calculations of Jason's dependency, and the advice given to the plaintiff about the legal effect of the settlement, the Court was satisfied that the proposed sum for the minor was appropriate and approved the division of damages under the Compensation to Relatives Act 1897 (NSW) pursuant to section 76 of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
29 January 2018
Procedural Posture
Common Law Civil Proceedings Involving Claims Under the Compensation to Relatives Act 1897 (nsw) and Nervous Shock Damages Under Part 3 of the Civil Liability Act 2002 (nsw) / Settlement Approval and Proposed Consent Judgment
Outcome
The division of damages under the Compensation to Relatives Act 1897 (NSW) proposed in clause 5 of the consent judgment was approved under section 76 of the Civil Procedure Act 2005 (NSW), and the parties were directed to bring in a re-engrossed consent judgment.
Legal Topics
['court Approval of Settlement for Minor' 'division of Damages Under the Compensation to Relatives Act 1897 (nsw)' 'consent Judgment' 'nervous Shock Damages' 'cross Claim and Contribution']
['civil Procedure' 'compensation to Relatives' 'torts'] ['court Approval of Settlement for Minor' 'division of Damages Under the Compensation to Relatives Act 1897 (nsw)' 'consent Judgment' 'nervous Shock Damages' 'cross Claim and Contribution']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Civil Proceedings Involving Claims Under the Compensation to Relatives Act 1897 (nsw) and Nervous Shock Damages Under Part 3 of the Civil Liability Act 2002 (nsw) / Settlement Approval and Proposed Consent Judgment

Legal Issues

  1. 1 ["Whether the provision proposed for the plaintiff's minor son out of damages recoverable under the Compensation to Relatives Act 1897 (NSW) should be approved under section 76 of the Civil Procedure Act 2005 (NSW)." 'Whether the form of proposed consent judgment should be amended to make clear that separate indivisible judgments against the defendants cover both pleaded causes of action and operate cumulatively.' "Whether entry of judgment should avoid prejudicing the cross-defendant's ability to argue issues relating to the second defendant's liability in the severed cross-claim."]

Ratio Decidendi

Having considered the plaintiff's affidavit, counsel's working calculations of Jason's dependency, and the advice given to the plaintiff about the legal effect of the settlement, the Court was satisfied that the proposed sum for the minor was appropriate and approved the division of damages under the Compensation to Relatives Act 1897 (NSW) pursuant to section 76 of the Civil Procedure Act 2005 (NSW).

Court Disposition

The division of damages under the Compensation to Relatives Act 1897 (NSW) proposed in clause 5 of the consent judgment was approved under section 76 of the Civil Procedure Act 2005 (NSW), and the parties were directed to bring in a re-engrossed consent judgment.

Orders

  • ['That the division of damages under the Compensation to Relatives Act 1897 proposed in clause 5 of the consent judgment is approved under section 76 of the Civil Procedure Act 2005.' 'I direct the parties to bring in a re-engrossed form of the consent judgment in accordance with directions given by me for the...