Stewart & Ors v Ackland [2015] HCATrans 322 (3 December 2015)

Last Updated: 3 December 2015

[2015] HCATrans 322

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
No C12 of 2015

B e t w e e n -

PATRICK JOSEPH STEWART

First Appellant

BERYL ANN VICKERY (NEE STEWART)

Second Appellant

MICHAEL PATRICK STEWART

Third Appellant

and

BENJAMIN ALLAN ACKLAND

Respondent

Pronouncement of orders by consent

FRENCH CJ
GAGELER J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 DECEMBER 2015, AT 10.14 AM

Copyright in the High Court of Australia

FRENCH CJ: This matter was listed for hearing on 3 December 2015. However, on 2 December 2015 the parties signed a consent to the making of orders disposing of the proceeding. The Court makes the following orders by consent:

1. The appeal against the whole of the judgment of the Court of Appeal of the Supreme Court of the Australian Capital Territory given and made on 12 February 2015 be allowed.
   
2. The judgment of the Supreme Court of the Australian Capital Territory dated 21 February 2014 be set aside and in its place order that:
   

(a) Without admission the appellants to pay to the respondent the agreed sum of $3.5 million all inclusive.

(b) No orders as to costs of the appeal to the Court of Appeal of the Supreme Court of the Australian Capital Territory, or as to the costs of the proceedings in this Court.

3. The Court notes the agreement of the parties that:

(a) The agreed sum to be paid to the respondent, excluding that part of the sum constituting solicitor/client costs, is approximately 40 per cent of the judgment sum that would otherwise have been payable to the respondent, plus costs, in accordance with orders made by the Supreme Court of the Australian Capital Territory on 21 February 2014, but for these consent orders.

(b) The appellants are at liberty to deduct and pay from the agreed sum any moneys payable or repayable by the respondent to any person or body whether in respect of workers compensation, Centrelink or Medicare benefits concerning which any demand or notice has been or may be served on or given to the appellants or their solicitors or insurer and also any moneys paid or payable pursuant to the Health and Other Services (Compensation) Act 1995 (Cth) or the Health and Other Services (Compensation) Care Charges Act 1995 (Cth).

(c) The respondent undertakes and agrees to pay out of the agreed sum any moneys payable or repayable by the respondent to any person or body whether in respect of private health insurance or workers compensation or Centrelink or pursuant to the Health and Other Services (Compensation) Act or otherwise which may not have been deducted by the respondent pursuant to paragraph 6 and also to pay to the parties entitled all outstanding medical, hospital, ambulance and other out of pocket expenses.

(d) No interest shall be payable in respect of the agreed sum if it is paid within 28 days of receipt of a notice from the Managing Director of the Health Insurance Commission under sections 24 or 25 of the Health and Other Services (Compensation) Act, or within 28 days after the receipt by the solicitors for the respondents of a notice of charge or clearance from Centrelink, a sealed copy of these orders or an authority to receive, whichever is the later.

(e) The respondent acknowledges that in accordance with section 22 of the Health and Other Services (Compensation) Act the respondent has been informed of a possible liability to pay amounts under the said Act or under the Health and Other Services (Compensation) Care Charges Act.

I publish that order. The Court will adjourn until 10.15 on Tuesday, 8 December 2015.

AT 10.17 AM THE MATTER WAS CONCLUDED