Mouzas by her tutor Bark v Northern Sydney Local Health District [2024] NSWSC 241

Supreme Court New South Wales

Medium Neutral Citation: Mouzas by her tutor Bark v Northern Sydney Local Health District [2024] NSWSC 241 Hearing dates: 22 February 2024 Date of orders: 22 February 2024 Decision date: 22 February 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to s 76 of the Civil Procedure Act, the Court approves the settlement on behalf of the first plaintiff in accordance with the consent judgment signed by the parties on 22 December 2023. (2) Pursuant to s 76 of the Civil Procedure Act, the Court approves the settlement on behalf of the fourth plaintiff, Savannah Mouzas, in accordance with the terms of the consent judgment signed by the parties on 22 December 2023. (3) I make orders in accordance with paragraphs 1, 2, 5, 6 and 7 of the consent orders. I note paragraphs 3, 4, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the consent orders, and I will sign the consent orders and place them with the papers. Catchwords: CIVIL PROCEDURE – approval of settlement where plaintiffs under legal incapacity – whether the settlement is for the benefit of the plaintiffs Legislation Cited: Civil Liability Act 2002 (NSW), s 5O Civil Procedure Act 2005 (NSW), s 76 Cases Cited: Permanent Trustee Company Limited v Mills (2007) 71 NSWLR 1 Category: Principal judgment Parties: Electra Mouzas by her tutor Gina Bark (First Plaintiff) Savannah Mouzas by her tutor Gina Bark (Fourth Plaintiff) Northern Sydney Local Health District (Defendant) Representation: Counsel: D Higgs SC and H Chiu (Plaintiffs) J Downing SC (Defendant)