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[2025] NSWSC 870
General information, not legal advice.
Supreme Court of NSW
2025-08-04
Elkaim AJ
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: King v Central Coast Council; Maycock v Central Coast Council; Sethan King bht Maycock v Central Coast Council [2025] NSWSC 870
Hearing dates: 4 August 2025
Date of orders: 4 August 2025
Decision date: 04 August 2025
Jurisdiction: Common Law
Before: Elkaim AJ
Decision: 1. In Neil King v Central Coast Council 2022/375908:
(1) The settlement on liability is approved.
(2) Judgment for the plaintiff for 95% of damages to be agreed or assessed.
(3) The defendant is to pay the plaintiff’s costs of the proceedings up to and including the date of the entry of judgment in accordance with these orders, including approval of the compromise.
(4) The costs payable under Order (3) be payable forthwith.
(5) The matter is referred to Harrison CJ at CL for further case management.
(6) The confidential advice provided by Senior and Junior Counsel for the Plaintiff is to be sealed in an envelope marked “Not to be opened except by an Order of the Court”
2. In the matters of Sethan King and Alanna Maycock, I note that liability has been admitted by both defendants, and I refer both of those matters to the Registrar for further case management.
Catchwords: CIVIL PROCEDURE — Approval of settlement of liability pursuant to s 76 of the Civil Procedure Act 2005 (NSW) — Settlement approved
Legislation Cited: Civil Liability Act 2002 (NSW)
Civil Procedure Act 2005 (NSW), s 76
Category: Principal judgment
Parties: 2022/375908
Neil Carrington King (Plaintiff)
Central Coast Council (Defendant)
2024/36962
Alanna Mary Maycock (Plaintiff)
Central Coast Council (First Defendant)
Neil Carrington King (Second Defendant)
2024/36943
Sethan Carrington King bht Alanna Mary Maycock (Plaintiff)
Central Coast Council (First Defendant)
Neil Carrington King (Second Defendant)
Representation: Counsel:
2022/375908
D Hooke SC (Plaintiff)
J Tryon (Plaintiff)
D Priestley SC (Defendant)
2024/36962 & 2024/36943
D Twoomey (Plaintiff)
J Thompson (Plaintiff)
D Priestley SC (First Defendant)
D Ronzani (Second Defendant)
Solicitors:
2022/375908
Beilby Poulden Costello (Plaintiff)
Mills Oakley Lawyers (Defendant)
2024/36962 & 2024/36943
Centennial Lawyers (Plaintiff)
Mills Oakley Lawyers (First Defendant)
McInnes Wilson Lawyers (Second Defendant)
File Number(s): 2022/375908; 2024/36962; 2024/36943
Publication restriction: No
On 20 February 2021 Mr Neil King was driving his Nissan X-Trail along Fagans Road in Lisarow in the Central Coast of New South Wales. There were two passengers in the vehicle, Mr King’s sons Sethan and Archibauld. The vehicle left the road and collided with a tree.
Tragically Archibauld died in the accident. Mr King and Sethan were seriously injured. Mr King’s wife, Ms Alanna Maycock, suffered nervous shock from the tragic circumstances.
Mr King has sued the local council alleging that the accident was caused by the dangerous condition of the roadway. Ms Maycock and Sethan sued both the council and Mr King alleging their injuries were caused by their respective negligence.
The three matters were listed for a hearing restricted to liability to commence today and last for four days.
The parties have resolved the liability question. Mr King has a guardian, the New South Wales Trustee and Guardian. Seth, due to his age, acts by his tutor, his mother. Mr King’s agreements on liability requires the approval of the court, pursuant to s 76 of the Civil Procedure Act 2005 (NSW).
Mr King is represented by senior counsel, who together with junior counsel, have provided me with a confidential written advice in support of the liability resolution. In the advice the factors establishing the danger of the road are set out and references made to the significant police and expert evidence in support of this conclusion.
Notably, the council, although not having admitted liability has filed no evidence in support of its case on liability. The council does have the benefit of certain sections of the Civil Liability Act 2002 (NSW) which might assist in its defence, although, there are viable arguments to defeat these sections.
The resolution of Mr King’s case involves a small (5%) discount which might be seen as an acknowledgement of a degree of contributory negligence or as a reflection of a compromise to achieve a favourable result, as well as obviating the need for a hearing.
I think the settlement on liability is overwhelmingly in the best interests of Mr King and I will approve it.
I make the following orders:
In Neil King v Central Coast Council (2022/00375908):
The settlement on liability is approved.
Judgment for the plaintiff for 95% of damages to be agreed or assessed.
The defendant is to pay the plaintiff’s costs of the proceedings up to and including the date of the entry of judgment in accordance with these orders, including approval of the compromise.
The costs payable under Order (3) be payable forthwith.
The matter is referred to Harrison CJ at CL for further case management.
The confidential advice provided by Senior and Junior Counsel for the Plaintiff is to be sealed in an envelope marked “Not to be opened except by an Order of the Court”
In the matters of Sethan King and Alanna Maycock, I note that liability has been admitted by both defendants, and I refer both of those matters to the Registrar for further case management.
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word deleted in para 8