Greensmith v Hunter New England Local Health District [2021] NSWSC 1653

Supreme Court New South Wales

Medium Neutral Citation: Greensmith v Hunter New England Local Health District [2021] NSWSC 1653 Hearing dates: 10 December 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Common Law Before: Wilson J as Duty Judge Decision: 1. Settlement in the terms given in the consent judgment is approved pursuant to section 76 of the Civil Procedure Act. 2. The judgment of $170,000 payable with respect to the fifth plaintiff is to be paid into Court and be paid out thereafter to the credit of the existing trust account of the account numbers provided in the consent orders in the joint names of the first plaintiff and the first plaintiff's solicitor, Conrad Curry, or such further or other director of Mr Curry's firm, CCL Law Pty Limited, or its successor from time to time. 3. The fifth plaintiff's costs and disbursements in the sum of $45,000 are to be paid to the plaintiff's solicitor pursuant to authority and direction to pay. 4. In respect of the fourth plaintiff, settlement in the terms given in the consent judgment is approved pursuant to section 76 of the Civil Procedure Act. 5. The judgment of $170,000 payable with respect to the fourth plaintiff is to be paid into Court and thereafter paid out to the credit of the existing trust account with the account numbers and other details given in the consent orders held in the joint names of the first plaintiff and the first plaintiff's solicitor, Conrad Curry of CCL Law Pty Limited or further or other director of that firm or its successor from time to time. 6. The fourth plaintiff's costs and disbursements in the sum of $45,000 are to be paid to the plaintiff's solicitor pursuant to an authority and a direction to pay. Catchwords: DUTY JUDGE — application for settlement approval — mental harm suffered by children resulting from unsuccessful medical procedure of father — settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW) Compensation to Relatives Act 1897 (NSW) Category: Consequential orders Parties: Rebecca Jane Greensmith (Plaintiff) Hunter New England Local Health District (Defendant) Representation: Counsel: J Anderson (Plaintiff) L Pinnock (Defendant)