Stewart bht Stewart v Mid North Coast Local Health District [2023] NSWSC 182

Supreme Court New South Wales

Medium Neutral Citation: Stewart bht Stewart v Mid North Coast Local Health District [2023] NSWSC 182 Hearing dates: 03 March 2023 Date of orders: 03 March 2023 Decision date: 03 March 2023 Jurisdiction: Common Law Before: Wright J Decision: Settlement approved the Court: (1) orders that the settlement of these proceedings be and hereby is approved; and by consent and without admission of liability, the Court: (2) makes orders in accordance with pars 1, 4, and 5 of the form of consent orders signed on behalf of the parties and dated 25 November 2022, being annexure NMO1 to the affidavit of Natalie Merunovich sworn 8 February 2023; and, the Court notes: (3) the agreement between the parties in pars 2 and 8 of the form of consent orders; (4) the undertaking of the plaintiff and the agreement between the parties in par 3 of the form of consent orders; and (5) the acknowledgements, consents and authorisations in pars 6 and 7 of the form of consent orders. Catchwords: CIVIL PROCEDURE — proceedings commenced by person under legal incapacity — settlement of proceedings — Court approval Legislation Cited: Civil Procedure Act 2005 (NSW), s 76 Cases Cited: Bacon by his tutor Sarah Rea v Western New South Wales District Health Service [2018] NSWSC 1840 Permanent Trustee Co Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Category: Principal judgment Parties: Stewart bht Stewart (Plaintiff) Mid North Coast Local Health District (Defendant) Representation: Counsel: I Butcher (Plaintiff)