DS bht SJ v State of New South Wales [2024] NSWSC 664

Supreme Court New South Wales

Medium Neutral Citation: DS bht SJ v State of New South Wales [2024] NSWSC 664 Hearing dates: 30 May 2024 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Common Law Before: Weinstein J Decision: (1) I approve the settlement of the plaintiff's claim pursuant to s 76 of the Civil Procedure Act 2005. (2) I make the orders in paragraphs 2, 3, 4, 5, 7 and 8 in the Consent Orders filed in court. (3) I note paragraph 6 of the Consent Orders. 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: DS bht SJ (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: A Joseph (Plaintiff) D Hong (Defendant)

Solicitors: Brooks Lawyers (Plaintiff) Norton Rose Fulbright (Defendant) File Number(s): 2022/00148386 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 plaintiff, DS, is not yet 18 years of age and is therefore under a legal incapacity. 2. Non-publication and anonymisation orders were made by Judicial Registrar Howard in the District Court on 4 November 2022 when the matter was commenced in that court. It was transferred to the Supreme Court on or about 24 May 2023. So sensitive is the subject matter of the proceedings, that any mention of the facts would breach the non-publication orders. 3. The plaintiff was born in late 2007. He suffers from a variety of ailments that arise at least in part from the facts the subject of the proceedings. 4. Before me are the following exhibits:- 1. A confidential advice of Andrew Joseph of counsel dated 24 May 2024. 2. A confidential affidavit of DS's tutor SJ sworn on 22 May 2024; and 3. A confidential affidavit of Dale Brooks, solicitor, sworn on 21 May 2024 exhibiting 713 pages of documents.