Eshelby & Anor v Hunter New England Local Health District [2024] NSWSC 524

Supreme Court New South Wales

Medium Neutral Citation: Eshelby & Anor v Hunter New England Local Health District [2024] NSWSC 524 Hearing dates: 03 May 2024 Date of orders: 03 May 2024 Decision date: 03 May 2024 Jurisdiction: Common Law Before: Weinstein J Decision: See [18] 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 Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Compensation to Relatives Act 1987 (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: Yasemin Eshelby (First Plaintiff) Sapphire Rose Eshelby-Wells bht Yasemin Eshelby (Second Plaintiff) Hunter New England Local Health District (Defendant) Representation: Counsel: E Grotte (First and Second Plaintiffs)

Solicitors: Somerville Laundry Lomax (First and Second Plaintiffs) Hicksons Lawyers (Defendant) File Number(s): 2019/159085 Publication restriction: Nil

JUDGMENT – duty – 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 second plaintiff, Sapphire Rose Eshelby-Wells, is presently 10 years of age and is therefore under a legal incapacity.