Nian v Sydney Local Health District t/a Concord Repatriation General Hospital [2023] NSWSC 263

Supreme Court New South Wales

Medium Neutral Citation: Nian v Sydney Local Health District t/a Concord Repatriation General Hospital [2023] NSWSC 263 Hearing dates: 17 and 24 March 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) The settlement recorded in par 1 of the consent judgment dated 13 March 2023 and filed in Court on 24 March 2023, 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 par 2 of 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 notes the agreement between the parties set out in pars 3-8, inclusive of the consent judgment. (4) That the confidential advice from counsel for the plaintiff dated 21 December 2022 be placed in a sealed envelope, with access to that envelope to be granted only by leave of a judge of the Court. Catchwords: CIVIL PROCEDURE – settlement approval – compromise – whether settlement in best interests of person under a disability Legislation Cited: 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: Xuan Zhong Nian by his tutor Serena Nian Crown Solicitor (defendant) Representation: Counsel: Mr MJ Cranitch SC, with Mr A Campbell (plaintiff) A McCarthy (defendant)