Denehy bhnf Denehy v South Western Sydney Local Health District [2024] NSWSC 510

Supreme Court New South Wales

Medium Neutral Citation: Denehy bhnf Denehy v South Western Sydney Local Health District [2024] NSWSC 510 Hearing dates: 30 April 2024 Date of orders: 30 April 2024 Decision date: 30 April 2024 Jurisdiction: Common Law Before: Weinstein J Decision: Settlement approved Catchwords: CIVIL PROCEDURE – proceedings commenced on behalf of person under legal incapacity – settlement approval application – Court to consider the best interests of plaintiff – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW) 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: Jayson Denehy bhnf Cathy Denehy (Plaintiff) South Western Sydney Local Health District (Defendant) Representation: Counsel: P Beale and E Bartley (Plaintiff)

Solicitors: CMC Lawyers (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2019/263470 Publication restriction: Nil

JUDGMENT 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'). 2. Medical evidence suggests that the plaintiff suffers from, at least, a mild degree of intellectual disability. It is variously described in the evidence. Counsel for the plaintiff invites me to find that the plaintiff is a person who is incapable of managing his own affairs for the purposes of s 76(1)(c) of the Act. I find that he is. The court's approval is therefore necessary for the settlement to be effected.