Hunt bhnf Sexton v State of New South Wales [2022] NSWSC 366

Supreme Court New South Wales

Medium Neutral Citation: Hunt bhnf Sexton v State of New South Wales [2022] NSWSC 366 Hearing dates: 30 March 2022 Date of orders: 30 March 2022 Decision date: 30 March 2022 Jurisdiction: Common Law Before: Ierace J Decision: Pursuant to s 77(4) of the Civil Procedure Act 2005 (NSW) the sum of damages paid by the State of New South Wales pursuant to the orders of 7 May 2021 of Justice Wilson (case number 2020/00129190), be paid to the bank account nominated by the Plaintiff's Financial Administrator, Mr William Sexton, forthwith. Catchwords: PRACTICE AND PROCEDURE – application for payment of settlement funds to plaintiff's financial administrator – s 77(4) Civil Procedure Act 2005 (NSW) – funds previously paid into the Court Legislation Cited: Civil Procedure Act 2005 (NSW), s 77 Guardianship and Administration Act 2019 (Vic), ss 46(1), 51 Category: Principal judgment Parties: Robert Markus Edwin Hunt bhnf William Justin Sexton (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: J Masur (Plaintiff)

Solicitors: Porters Lawyers (Plaintiff) File Number(s): 2022/59512

Judgment 1. By summons dated 28 February 2022, Mr Hunt ("the plaintiff") seeks an order that the State of New South Wales ("the defendant") pay a sum of damages into the nominated account of Mr Sexton, who is named in the summons as "the Plaintiff's Financial Administrator", pursuant to s 77(4) of the Civil Procedure Act 2005 (NSW) ("the CPA"). The sum of damages is to be paid by the defendant pursuant to orders made by her Honour Wilson J on 7 May 2021. 2. The summons is supported by an affidavit of the plaintiff's tutor and administrator, William Justin Sexton, and an affidavit of Allison Anne Clark, who is a solicitor employed by Porters Lawyers, who act on behalf of Mr Sexton in these proceedings. The plaintiff also filed written submissions in support of his application on 24 March 2022.