Kuzma v Nepean Blue Mountains Local Health District [2022] NSWSC 419

Supreme Court New South Wales

Medium Neutral Citation: Kuzma v Nepean Blue Mountains Local Health District [2022] NSWSC 419 Hearing dates: 5 and 8 April 2022 Date of orders: 08 April 2022 Decision date: 08 April 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 25 February 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 9 inclusive of that consent judgment. (4) Order in accordance with s 77(2) of the Civil Procedure Act 2005 that after 28 days the judgment sum referred to in paragraph 1 of the consent judgment, less any authorised deductions for which the consent judgment specifically or by necessary implication provides, be paid into Court for payment out thereafter to the NSW Trustee & Guardian or as the Court may upon application made by any person pursuant to s 77(3) of the Act otherwise direct. (5) Grant liberty to the parties to apply by arrangement with my Associate. Catchwords: INFANT SETTLEMENT – approval of settlement – negligence – medical negligence – whether settlement in best interests of plaintiff TRUSTEES – conflict of interest – whether solicitor able to assume office of trustee for settled funds of plaintiff when anticipating payment of legal fees from corpus Legislation Cited: Civil Procedure Act 2005 (NSW) ss 76(4), 77 Category: Principal judgment Parties: Seth Kuzma by his tutor Laura Howard (Plaintiff) Nepean Blue Mountains Local Health District (Defendant) Representation: Counsel: P D'Arcy-King (Plaintiff)