Skues v The Sydney Children’s Hospital Network (No 2) [2022] NSWSC 1238

Supreme Court New South Wales

Medium Neutral Citation: Skues v The Sydney Children's Hospital Network (No 2) [2022] NSWSC 1238 Hearing dates: 5 September 2022 Date of orders: 5 September 2022 Decision date: 05 September 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) The settlement recorded in the consent judgment filed in Court today is approved pursuant to the Civil Procedure Act 2005 (NSW), s 76. (2) The judgment sum less statutory deductions authorised by the consent judgment (excluding the component of $XXXX comprising the costs the subject of order (3)) is, subject to any further order, to be paid into the Court pending the appointment of a financial manager to manage the plaintiff's affairs. (3) The costs component of the judgment sum is to be paid to the plaintiff's solicitors upon their undertaking, given through senior counsel today, to account to the plaintiff's tutor and financial manager. (4) The parties have liberty to apply to me on 24 hours' notice through my Associate. (5) The Court notes the agreement between the parties set out in pars 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the consent judgment. Catchwords: CIVIL PROCEDURE – infant settlement approval – compromise – whether settlement in best interests of infant Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Budini v Sunnyfield (No. 3) [2021] FCA 1540 Permanent Trustee Co Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Scandolera bhnf Robinson v Victoria (Department of Education and Early Childhood Development) [2015] FCA 1451 Category: Procedural rulings Parties: Kaelan Skues by his tutor Steven Skues (Plaintiff) The Sydney Children's Hospital Network (Defendant) Representation: Counsel: D Hooke SC with M Robinson (Plaintiff) R Cheney SC with R Perla (Defendant)