Tanya Garth v Hunter New England Health District [2022] NSWSC 1309

Supreme Court New South Wales

Medium Neutral Citation: Tanya Garth v Hunter New England Health District [2022] NSWSC 1309 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 approve the settlement set out in the Consent Judgment in the sum identified in par 1 of the Consent Judgment plus costs as agreed or assessed, and I make that approval pursuant to s 76 of the Civil Procedure Act 2005 (NSW). (2) I enter judgment for the plaintiff in the sum set out in par 1 of the Consent Judgment plus costs as agreed or assessed. (3) I apportion the judgment sum in accordance with par 2 of the Consent Judgment. (4) I note pars 3, 4, 5, 6 and 7 of the Consent Judgment. (5) Pursuant to s 77(2) of the Civil Procedure Act I order that the amounts in pars 2(c) and 2(d) of the Consent Judgment be paid to the NSW Trustee & Guardian to be held on trust for Jake Garth and Halle Garth respectively until each attains his and her majority. (6) I will initial the Short Minutes of Order and Consent Judgment and place them with the Court papers. Catchwords: CIVIL PROCEDURE – settlement of proceedings – court approval Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Procedural rulings Parties: 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): 2020/00191791 Publication restriction: Nil