Hintz v Illawarra Shoalhaven Local Health District [2021] NSWSC 999

Supreme Court New South Wales

Medium Neutral Citation: Hintz v Illawarra Shoalhaven Local Health District [2021] NSWSC 999 Hearing dates: 10 August 2021 Decision date: 10 August 2021 Jurisdiction: Common Law Before: Adamson J Decision: Settlement approved Catchwords: CIVIL PROCEDURE — Parties — Person under legal incapacity — settlement approval CIVIL LIABILITY – claim brought by dependants against alleged tortfeasor following death of father - whether claim for services which would have been provided by deceased is maintainable under ss 15 and 15B of the Civil Liability Act 2002 (NSW) – not yet determined by Court of Appeal – uncertainty factored into settlement PERSONAL INJURY – difficulties in assessing claim for nervous shock suffered by disabled plaintiff – settlement approval Legislation Cited: Civil Liability Act 1936 (SA), s 58 Civil Liability Act 2002 (NSW), ss 5O, 15, 15B Civil Procedure Act 2005 (NSW), s 76 Compensation to Relatives Act 1897 (NSW) Wrongs Act 1958 (Vic), s 19A Cases Cited: Coote v Kelly; Northam v Kelly [2016] NSWSC 1447 Goddard v Central Coast Health Network [2013] NSWSC 1932 Griffith v Kerkemeyer (1977) 139 CLR 161; [1977] HCA 45 Lee v Carlton Crest Hotel (Sydney) Pty Ltd [2014] NSWSC 1280 Nguyen v Nguyen (1990) 169 CLR 245; [1990] HCA 9 Taylor v Owners–Strata Plan 11564 (2014) 253 CLR 531; [2014] HCA 9 Category: Principal judgment Parties: Proceedings 2019/282470 Jayson Hintz (Plaintiff) Illawarra Shoalhaven Local Health District (Defendant)