Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4:

1. 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.

2. 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.

3. 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.

4. The three matters were listed for a hearing restricted to liability to commence today and last for four days.

5. 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).

6. 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.

7. 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.

8. 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.

9. I think the settlement on liability is overwhelmingly in the best interests of Mr King and I will approve it.

10. I make the following orders:

11. In Neil King v Central Coast Council (2022/00375908):

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"

12. 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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