Vakararawa v Northern NSW Local Health District [2022] NSWSC 392

Supreme Court New South Wales

Medium Neutral Citation: Vakararawa v Northern NSW Local Health District [2022] NSWSC 392 Hearing dates: 1 April 2022 Date of orders: 1 April 2022 Decision date: 01 April 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The Court approves this settlement pursuant to s 76 of the Civil Procedure Act 2005 in accordance with the terms of the consent judgment dated 31 March 2022, signed by the legal representatives from both parties. (2) I make orders in accordance with paras 1 and 5 of the terms of the consent judgment dated 31 March 2022. (3) I note the agreement between the parties set out in paras 2, 3, 4, 6, 7, 8, 9 and 10. (4) In accordance with s 77 of the Civil Procedure Act 2005 (NSW), the Court orders the defendant to pay the judgment sum referred to in para 1 of the consent orders less any authorised deductions for which the consent judgment provides into court, pending an application for the appointment of a trustee to hold the judgment sum on trust and for investment for the benefit of the plaintiff. Catchwords: CIVIL PROCEDURE — approval of settlement — by consent — whether the Court is satisfied that the settlement is beneficial to the person under legal incapacity — settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Elderfield v Transport Accident Commission [2010] VSC 116; (2010) 55 MVR 206 Permanent Trustee Company Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Somerset v Ley [1964] 1 WLR 640 Category: Principal judgment Parties: Nikotimo Valentini Vakararawa by his tutor Carolyn Vakararawa (nee Mackney) (Plaintiff) Northern NSW Local Health District (Defendant) Representation: Counsel: D Higgs SC with I McGillicuddy (Plaintiff) M Windsor SC (Defendant)