Santos bht R. McGuinness v St Vincent’s Hospital Sydney Ltd [2024] NSWSC 785

Supreme Court New South Wales

Medium Neutral Citation: Santos bht R. McGuinness v St Vincent's Hospital Sydney Ltd [2024] NSWSC 785 Hearing dates: 11 June 2024 Date of orders: 11 June 2024 Decision date: 11 June 2024 Jurisdiction: Common Law Before: Garling J Decision: See [12] Catchwords: CIVIL PROCEDURE – Parties – Person under legal incapacity – Whether the plaintiff is of an adequate capacity to give instructions and make decisions with respect to this litigation and with respect to the financial management of moneys to which he is entitled – Whether the moneys held in Court to which he is entitled should be paid out of Court to the plaintiff. Legislation Cited: Civil Procedure Act 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: Luiz Santos bht Tutor Robyn McGuinness (P) St Vincent's Hospital Sydney Ltd (D) Representation: Counsel: M Langenheim (P) Mentioned (D)

Solicitors: K Rodgers (D) File Number(s): 2018/390721 Publication restriction: Not Applicable

EX TEMPORE JUDGMENT 1. By Notice of Motion filed 14 May 2024, the plaintiff seeks the following orders: "Pursuant to section 77(4) of the Civil Procedure Act 2005 (NSW), the funds held in Court for the benefit of the plaintiff in the sum of $1,061,282.14 is to be paid out of Court as follows: (a) $18,500.00 be paid to Blue Ribbon Legal Costing for invoice 755 dated 2 March 2023; and (b) $1,042,782.14 be paid to Luiz Batista Santos." 1. In support of the orders sought in the Notice of Motion, Mr Santos has sworn an affidavit also dated 14 May 2024.