Zreika v The Sydney Children’s Hospital Network [2022] NSWSC 1467

Supreme Court New South Wales

Medium Neutral Citation: Zreika v The Sydney Children's Hospital Network [2022] NSWSC 1467 Hearing dates: 13 October 2022; further submissions and evidence filed 25 October 2022. Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) The settlement recorded in par 2 of the consent judgment filed in Court, 13 October 2022, and signed by the parties is approved pursuant to the Civil Procedure Act 2005 (NSW), s 76, and there will be judgment in accordance with that paragraph. (2) The judgment sum less statutory deductions authorised by the consent judgment is, subject to any further order, to be paid into Court pending the application for the appointment of a trustee to hold on trust the judgment sum. (3) The Court makes orders in accordance with pars 5 and 6 of the consent judgment and notes the agreement between the parties set out in pars 3, 4, 7, 8 and 9 of the consent judgment. (4) Grant liberty to the parties to apply in respect of the above orders. In relation to the second and third plaintiffs' claims: (1) Judgment for the second plaintiff in the sum of $XX inclusive of costs. (2) The Court makes orders in accordance with par 14 of the consent judgment and notes the agreement between the parties set out in pars 12, 13, 15, 16 and 17 of the consent judgment. (3) Judgment for the third plaintiff in the sum of $XX inclusive of costs. (4) The Court makes orders in accordance with par 21 of the consent judgment and notes the agreement between the parties set out in pars 19, 20, 22, 23 and 24 of the consent judgment. (4) Grant liberty to the parties to apply in respect of the above orders. 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: Noreen Zreika by her Tutor Maryam Zreika (First Plaintiff) Maryam Zreika (Second Plaintiff) Salem Zreika (Third Plaintiff) Sydney Childrens' Hospital Network (Westmead Hospital) (Defendant) Representation: Counsel: Mr G Segal (Plaintiff) Ms L Boyd (Defendant)