NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Alford v Northern Sydney Local Health District [2023] NSWSC 324 Hearing dates: 24 March and 3 April 2023 Date of orders: 03 April 2023 Decision date: 03 April 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Pursuant to s 76 of the Civil Procedure Act, I decline to approve the settlement. (2) Order that the confidential advice from counsel for the plaintiff dated 22 February and 27 March 2023 be placed in a sealed envelope, with access to that envelope to be granted only by leave of a Judge of the Court. (3) List the matter for directions before the Common Law Registrar on 17 April 2023. Catchwords: CIVIL PROCEDURE – settlement approval – compromise – whether settlement in best interests of person under a disability – settlement disapproved 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: Carol Alford by her next friend Zac Hussain (plaintiff) Northern Sydney Local Health District trading as Hornsby Ku-ring-gai Hospital (defendant) Representation: Counsel: Mr MJ Cranitch SC, with Mr A Campbell (plaintiff) Mr P Rooney (defendant)
Solicitors: Gerald Malouf & Partners (plaintiff) Hicksons Lawyers (defendant) File Number(s): 2020/252967 Publication restriction: Nil
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