Page by his tutor NSW Trustee & Guardian v Gunewardene [2017] NSWSC 1539

Page by his tutor NSW Trustee & Guardian v Gunewardene [2017] NSWSC 1539

Given the absence of reasonable prospects of the plaintiff establishing either negligence or causal connection between the medication and the fall, it is in the best interests of the plaintiff under disability that the settlement, including judgment for the defendant, be approved.

Parties
Plaintiff: Simon Ralph Page by his tutor NSW Trustee & Guardian; Defendant/cross Claimant: Ranil Gunewardene; Cross Defendant: Big Beat (Australia) Pty Ltd
Jurisdiction
Australia
Judgment Date
14 November 2017
Procedural Posture
Common Law / Settlement Approval
Outcome
Settlement approved; proceedings disposed of by consent judgment in favour of the defendant with no order as to costs.
Legal Topics
Compromise of Proceedings, Settlement Approval, Plaintiff Under Disability, Negligence, Causation
Professional Negligence Compromise of Proceedings Settlement Approval Plaintiff Under Disability Negligence Causation

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Parties

Simon Ralph Page by his tutor NSW Trustee & Guardian

Plaintiff

Ranil Gunewardene

Defendant/cross Claimant

Big Beat (Australia) Pty Ltd

Cross Defendant

Procedural Posture

Common Law / Settlement Approval

Legal Issues

  1. 1 Whether defendant was negligent in prescribing or advising about medication.
  2. 2 Whether the medications caused the plaintiff's fall resulting in injury.
  3. 3 Whether settlement of proceedings should be approved for plaintiff under disability.

Ratio Decidendi

Given the absence of reasonable prospects of the plaintiff establishing either negligence or causal connection between the medication and the fall, it is in the best interests of the plaintiff under disability that the settlement, including judgment for the defendant, be approved.

Court Disposition

Settlement approved; proceedings disposed of by consent judgment in favour of the defendant with no order as to costs.

Orders

  • Note that this matter has settled, subject to approval, in accordance with the terms of a consent judgment dated 7 November 2017.
  • Approve the settlement of the proceedings between the plaintiff and the defendant pursuant to s 76(4) of the Civil Procedure Act, 2005.