NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Dixon bht Dixon v Western NSW Local Health District [2024] NSWSC 299 Hearing dates: 22 March 2024 Date of orders: 22 March 2024 Decision date: 22 March 2024 Jurisdiction: Common Law Before: Weinstein J Decision: See [20] Catchwords: CIVIL PROCEDURE – infant settlement approval – whether settlement in best interests of infant – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76, 77 Health and Other Services (Compensation) Act 1995 (Cth) Health and Other Services (Compensation) Care Charges Act 1995 (Cth) Social Security Act 1991 (Cth) Cases Cited: Budini v Sunnyfield [2021] FCA 1540 Permanent Trustee Co Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Scandolera v Victoria (Department of Education and Early Childhood Development) [2015] FCA 1451 Category: Procedural rulings Parties: Euston Dixon by his Tutor Melinda Dixon (Plaintiff) Western NSW Local Health District (Defendant) Representation: Counsel: P Beale (Plaintiff)
Solicitors: CMC Lawyers (Plaintiff) Hicksons (Defendant) File Number(s): 2022/00325144 Publication restriction: Nil
JUDGMENT – EX TEMPORE – REVISED 1. This is an application for judicial approval of a settlement pursuant to s 76(3) of the Civil Procedure Act 2005 (NSW) ('the Act'). The approval is necessary because the plaintiff, Euston Dixon, is presently 12 years old and is therefore under a legal incapacity.
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