White by her next friend Mary Jelen v Northern Sydney Local Health District [2024] NSWSC 1584

Supreme Court New South Wales

Medium Neutral Citation: White by her next friend Mary Jelen v Northern Sydney Local Health District [2024] NSWSC 1584 Hearing dates: 5 December 2024 Date of orders: 5 December 2024 Decision date: 05 December 2024 Jurisdiction: Common Law Before: Campbell J Decision: The Court notes: (1) That the parties have entered into a deed of settlement on 7 November 2024 to resolve these proceedings. (2) That the plaintiff discontinues the whole of the proceedings, subject to the deed of settlement and release, the filing of the notice of discontinuance and these orders. By and with the consent of the defendants and the next friend, the Court orders: (1) That the Court approves this settlement in accordance with s 76(4) of the Civil Procedure Act 2005 (NSW). (2) Pursuant to s 77(3) of the said Act, the settlement sum referred to in the deed of settlement and release is to be paid within 28 days of today's date to the NSW Trustee and Guardian as manager of the plaintiff's estate. (3) The sum agreed for legal costs and disbursements set out in cl 8(b) of the deed of settlement and release is to be paid to O'Brien Criminal and Civil Solicitors within 28 days of this order. Catchwords: CIVIL PROCEDURE – proceedings for persons under legal incapacity – settlement or discontinuance – court approval – wrongful imprisonment at a mental health facility – difficulties obtaining instructions due to the plaintiff's neurocognitive impairment – whether the settlement in the plaintiff's best interests – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76, 77 Guardianship Act 1987 (NSW) Limitation Act 1969 (NSW), ss 11, 14, 52 Mental Health Act 2007 (NSW) Cases Cited: Sarah White v The Local Health Authority & Anor [2015] NSWSC 417 Category: Principal judgment Parties: Sarah White by her next friend (Plaintiff) Northern Sydney Local Health District (First Defendant) State of New South Wales (Second Defendant) Representation: Counsel: S Beckett SC (Plaintiff) A McCarthy (Solicitor) (Defendants)