Salveron v Trustees of the De La Salle Brothers t/as De La Salle College, Revesby

[2018] NSWSC 1537

Supreme Court

New South Wales

Medium Neutral Citation:	Salveron v Trustees of the De La Salle Brothers t/as De La Salle College, Revesby [2018] NSWSC 1537
Hearing dates:	05 October 2018
Date of orders:	05 October 2018
Decision date:	05 October 2018
Jurisdiction:	Common Law
Before:	Garling J
Decision:	(1) Pursuant to r 20.24(1) of the Uniform Civil Procedure Rules 2005, the Court adopts the report of Ms Margaret Sidis dated 6 September 2016, in whole. (2) Order that there be judgment in favour of the plaintiff against the second and third defendants in the sum set out in Order 2 of the Short Minutes of Order initialled by me and placed with the papers. (3) Order the first, second and third defendants to pay the plaintiff's costs of the proceedings as agreed or assessed. (4) Order the plaintiff to file a Notice of Discontinuance against the first defendant within seven days after the payment of the judgment sum referred to in Order 3. (5) Note that the effect of these orders is that the matter is now finalised.
Catchwords:	CIVIL PROCEDURE – referral to referee – adoption of referee report – no question of principle
Legislation Cited:	Civil Liability Act 2002 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
Cases Cited:	Not Applicable
Texts Cited:	Not Applicable
Category:	Procedural and other rulings
Parties:	Miguel Abraham Salveron (P) Trustees of the De La Salle Brothers t/as De La Salle College, Revesby (D1) Provincial Basset (D2) Brother Ambrose Payne (D3)
Representation:	Solicitors: Koffels Lawyers (P) Carroll & O'Dea Lawyers (D1-D3)
File Number(s):	2017/23667
Publication restriction:	Not Applicable

ex tempore Judgment

1. By order dated 18 May 2018, the Court ordered pursuant to r 20.14 of the Uniform Civil Procedure Rules 2005 (“UCPR”) that the whole of the present proceedings be referred to a referee, who was to inquire into and report on the remaining outstanding issue: namely, the appropriate amount that should be awarded to the plaintiff for personal injury damages, assessed pursuant to the Civil Liability Act 2002 for the pleaded causes of action.

2. An order was made that day pursuant to r 20.15 of the UCPR appointing Ms Margaret Sidis to be the referee.

3. Ms Sidis was required to produce a written report setting out her opinion on the matter and the reasons for her opinion: r 20.23 UCPR.

4. On Thursday 6 September 2018, Ms Sidis (as referee) forwarded her report to the Court and the parties, which set out her opinion on the matter and the reasons for that opinion.

5. Today the plaintiff moves the Court orally for an order pursuant to r 20.24 of the UCPR, that the Court adopt the report of Ms Sidis dated 6 September 2018 in whole. That order is not opposed by any of the defendants.

6. I have carefully read the report containing the opinion of Ms Sidis and the reasons which she gives for that opinion. In my view, having regard to the nature and contents of the report and the reasons justifying the conclusions reached by the referee for her opinion, it is entirely appropriate, particularly in the absence of any objection to the Court’s adoption of the report, that the Court adopts the referee’s report. Such procedure accords with the overriding purpose of s 56 of the Civil Procedure Act 2005.

Orders

7. I make the following orders:

1. Pursuant to r 20.24(1) of the Uniform Civil Procedure Rules 2005, the Court adopts the report of Ms Margaret Sidis dated 6 September 2016, in whole.

2. Order that there be judgment in favour of the plaintiff against the second and third defendants in the sum set out in Order 2 of the Short Minutes of Order initialled by me and placed with the papers.

3. Order the first, second and third defendants to pay the plaintiff's costs of the proceedings as agreed or assessed.

4. Order the plaintiff to file a Notice of Discontinuance against the first defendant within seven days after the payment of the judgment sum referred to in Order 3.

5. Note that the effect of these orders is that the matter is now finalised.

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Decision last updated: 12 October 2018