Davis v Western Sydney Local Health District [2021] NSWSC 179

Supreme Court New South Wales

Medium Neutral Citation: Davis v Western Sydney Local Health District [2021] NSWSC 179 Hearing dates: 10 February 2021 Date of orders: 04 March 2021 Decision date: 04 March 2021 Jurisdiction: Common Law Before: Harrison J Decision: (1) I note that this matter has settled subject to approval, in accordance with the terms of a consent judgment which for identification I will initial and place with the papers. (2) I approve the settlement pursuant to s 76(4) of the Civil Procedure Act 2005. (3) I make orders in accordance with paragraphs 1 to 7 inclusive of that consent judgment. (4) I order in accordance with s 77(2) of the Civil Procedure Act 2005 that the judgment sum referred to in paragraph 1 of the consent judgment, less any authorised deductions for which the consent judgment specifically or by necessary implication provides, be paid into Court for payment out thereafter to the NSW Trustee & Guardian or as the Court may upon application make pursuant to s 77(3) of the Act otherwise direct. (5) Grant liberty to apply. Catchwords: SETTLEMENT – approval of settlement – plaintiff under legal disability – where plaintiff a joint proprietor of the family home with her husband subject to a substantial mortgage – where tutor seeks order for payment from settlement of monies sufficient to discharge the mortgage – where husband providing care for plaintiff in substitution for commercial assistance contemplated by the settlement amount - whether Court has power to make such an order – where decision properly a matter for trustee Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Procedural rulings Parties: Rebecca Davis by her tutor Matthew Davis (Plaintiff) Western Sydney Local Health District (Defendant) Representation: Counsel: J M Morris SC with R Bianchi (Plaintiff)