Kobi Davis bht Natalie Simon v Mid North Coast Area Health Service & Anor [2007] NSWSC 1044

New South Wales Supreme Court

CITATION : Kobi Davis bht Natalie Simon v Mid North Coast Area Health Service & Anor [2007] NSWSC 1044

HEARING DATE(S) : 13 September 2007

JUDGMENT DATE : 19 September 2007

JUDGMENT OF : Harrison J

DECISION : See paragraph 19

CATCHWORDS : CIVIL PROCEDURE - Civil Procedure Act 2005, s 76 - settlement of proceedings commenced by or on behalf of a person under legal incapacity - plaintiff's application for approval of compromise on liability - application opposed - CIVIL PROCEDURE - Civil Procedure Act 2005, s 56 - overriding purpose to facilitate the just, quick and cheap resolution of real issues in the proceedings

LEGISLATION CITED : Civil Procedure Act 2005 - ss 56 and 76 Supreme Court Rules 1970 - Pt 63 r 11

CASES CITED : Drake v Bodycott [1982] 2 NSWLR 496

Kobi Davis by his tutor Natalie Simon (plaintiff) PARTIES : Mid North Coast Area Health Service (first defendant) Dr Raymond Hodgson (second defendant)

FILE NUMBER(S) : SC 20278 of 2001

COUNSEL : D E Graham (plaintiff) L King SC with J Sandford (second defendant)

SOLICITORS : Carroll & O'Dea (plaintiff) TressCox Lawyers (second defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST

HARRISON J

19 September 2007

20278 of 2001 KOBI DAVIS BY HIS TUTOR NATALIE SIMON v MID NORTH COAST AREA HEALTH SERVICE & DR RAYMOND HODGSON

JUDGMENT 1 HARRISON J: This matter has been assigned to me for case management. It came before me on 13 September 2007 on the application of the plaintiff seeking approval of a compromise on the issue of liability, and judgment on that issue if approval is given. In the nature of what amounts to a preliminary point, the defendants oppose the making of the application at this time. This judgment deals only with the preliminary point.