Meyer by his Tutor Lara Meyer v Western Sydney Local Health District [2023] NSWSC 403

Supreme Court New South Wales

Medium Neutral Citation: Meyer by his Tutor Lara Meyer v Western Sydney Local Health District [2023] NSWSC 403 Hearing dates: 13 April 2023 Date of orders: 13 April 2023 Decision date: 13 April 2023 Jurisdiction: Common Law Before: Campbell J Decision: The settlement approved. Pursuant to section 77(2) of the Civil Procedure Act 2005 (NSW), the Court directs that the balance of the judgment sum, less all authorised deductions, be paid into the Court subject to further orders of the Court and makes further orders at paragraph [23] Catchwords: CIVIL PROCEDURE – settlement approval request – allegation of medical negligence –plaintiff suffered a catastrophic injury and under legal incapacity – fair compromise – settlement approved – appointment of trustee to plaintiff's estate Legislation Cited: Aged and Infirm Persons' Property Act 1940 (SA) Civil Liability Act 1936 (SA), s 41. Civil Liability Act 2002 (NSW), s 5O Civil Procedure Act 2005 (NSW), s 76 Jurisdiction of Courts (Cross-vesting) Act 1987 (SA) Category: Principal judgment Parties: James Meyer (Plaintiff) Western Sydney Local Health District (First Defendant) Southern Adelaide Local Health Network Incorporated (Second Defendant) South Eastern Sydney Local Health District (Third Defendant) Representation: Counsel: D Campbell SC and R O'Keefe (Plaintiff) J Downing SC (First and Third Defendant)

Solicitors: Beston Macken McManis (Plaintiff) Makinson d'Apice (First and Third Defendants) Gilchrist Connell (Second Defendant) File Number(s): 2019/397518