Wells bht McGuffog v Graham; Wells bht McGuffog v Hunter New England Local Health District [2020] NSWSC 965

Supreme Court New South Wales

Medium Neutral Citation: Wells bht McGuffog v Graham; Wells bht McGuffog v Hunter New England Local Health District [2020] NSWSC 965 Hearing dates: 23 July 2020 Decision date: 28 July 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) The settlements referred to in the consent judgments in proceedings 1999/58782 and 2017/279799 are approved pursuant to s 76 of the Civil Procedure Act 2005 (NSW). (2) Orders made in accordance with the paragraphs numbered (1)–(11) inclusive of the consent judgments in proceedings 1999/58782 and 2017/279799 signed by the legal representatives of the parties. (3) The judgment sums, less the deductions as set out in the consent judgments, to be paid into Court pending further order. Catchwords: CIVIL PROCEDURE – application for approval of settlements of personal injury and medical negligence proceedings commenced on behalf of person under legal incapacity – whether proposed settlements are in the interest of the plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Permanent Trustee Co Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Category: Principal judgment Parties: Proceedings 1999/58782: Cameron Aiden Wells bht Tanya Denise McGuffog (Plaintiff) Donald Richard Graham (Defendant and Cross-Claimant)

Proceedings 2017/279799: Cameron Aiden Wells bht Tanya Denise McGuffog (Plaintiff) Hunter New England Local Health District (Defendant and Cross-Defendant) Representation: Counsel: Proceedings 1999/58782: Mr D Hirsch; Ms J Gumbert (Plaintiff) Ms M Graham (Defendant)