NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Barlin v Gayed [2022] NSWSC 278 Hearing dates: 11 March 2022 Date of orders: 16 March 2022 Decision date: 16 March 2022 Jurisdiction: Common Law Before: Harrison J Decision: (1) Note that this matter has settled subject to approval, in accordance with the terms of a consent judgment dated 7 March 2022 and signed by the legal representatives of the parties. (2) Approve the settlement pursuant to s 76(4) of the Civil Procedure Act 2005. (3) Make orders in accordance with paragraphs 1 to 8 inclusive of that consent judgment. (4) Order in accordance with s 77(3) of the Civil Procedure Act that the judgment sum referred to in paragraph 1 of the consent judgment be paid to the plaintiff or as she may direct. Catchwords: SETTLEMENT – plaintiff under a legal disability – whether in the best interests of the disable person – whether settlement sum should be paid directly to the plaintiff Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76(4), 77(3) Category: Principal judgment Parties: Michelle Barlin by her tutor Jennifer Barlin (Plaintiff) Dr Emil Gayed (First Defendant) Hunter New England Local Health District (Second Defendant) Representation: Counsel: R Royle (Plaintiff) L Boyd (Defendants)
Solicitors: Carroll & O'Dea Lawyers (Plaintiff) Crown Solicitor's Office (Defendants) File Number(s): 2020/309443 Publication restriction: Nil
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