Jake Garth by his next friend Tanya Garth v Hunter New England Local Health District [2022] NSWSC 1307

Supreme Court New South Wales

Medium Neutral Citation: Jake Garth by his next friend Tanya Garth v Hunter New England Local Health District [2022] NSWSC 1307 Hearing dates: 23 September 2022 Date of orders: 23 September 2022 Decision date: 23 September 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) I note the matter has settled subject to approval in accordance with the terms of the Consent Judgment signed by the legal representatives of the parties on 21 July 2022. (2) I approve the settlement pursuant to s 76(4) of the Civil Procedure Act 2005 (NSW). (3) I enter judgment for the plaintiff in the sum referred to in par 1 of the Consent Judgment plus costs as agreed or assessed. (4) I note pars 2, 3, 4, 5, 6, 7, 8 and 9 of the Consent Judgment. (5) I order in accordance with s 77(2) of the Civil Procedure Act that the judgment sum referred to in par 1 of the Consent Judgment be paid to the NSW Trustee & Guardian to be held on trust for Jake until he attains his majority. (6) I note I will sign the Consent Judgment for identification purposes and date it today's date. Catchwords: CIVIL PROCEDURE – settlement approval – proceedings brought by person under legal incapacity – Court approval Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Procedural rulings Parties: Jake Garth by his next friend Tanya Garth (Plaintiff) Hunter New England Local Health District (Defendant) Representation: Counsel: D Toomey SC / R Lynch (Plaintiff)

Solicitors: Gerard Malouf & Partners (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2020/00191780 Publication restriction: Nil