Alford bht Hussain v Northern Sydney Local Health District [2023] NSWSC 1413

Supreme Court New South Wales

Medium Neutral Citation: Alford bht Hussain v Northern Sydney Local Health District [2023] NSWSC 1413 Hearing dates: 15 November 2023 Date of orders: 15 November 2023 Decision date: 15 November 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 76 of the Civil Procedure Act 2005 (NSW), an order that the settlement in these proceedings as agreed between the parties and recorded in the form of consent judgment signed on behalf of the parties on 7 November 2023 (the Form of Consent Judgment) is approved. (2) Orders in accordance with pars 1, 2 and 7 of the Form of Consent Judgment with the word "Plaintiffs" in par 7(a) replaced with the word "Plaintiff". The Court also notes the acknowledgements, undertakings and agreements between the parties in paragraphs 3, 4, 5, 6, 8 and 9 of the Form of Consent Judgment. Catchwords: CIVIL PROCEDURE – settlement approval – whether settlement in best interests of person under disability – where settlement previously disapproved – change in proposed settlement – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW), s 76 Cases Cited: Alford v Northern Sydney Local Health District [2023] NSWSC 324 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: 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: A Campbell (Plaintiff) P Rooney (Defendant)