Farr v State of Queensland [2009] NSWSC 906

New South Wales Supreme Court

CITATION : Farr v State of Queensland [2009] NSWSC 906

HEARING DATE(S) : 20 August 2009

JUDGMENT DATE : 20 August 2009

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 20 August 2009

DECISION : I declare that the plaintiff is not under a legal incapacity for the purposes of UCPR rule 7.14 and in particular for the purposes of: (a) settling the proceedings with the second and third defendants, and (b) carrying on the proceedings against the first defendant.

CATCHWORDS : Common law - Practice and Procedure - declarations - whether plaintiff under a legal incapacity for carrying on and settling proceedings - whether plaintiff incapable of managing own affairs.

Civil Procedure Act 2005 s 3, s 76(4) LEGISLATION CITED : Mental Health Act 1958 s 18 NSW Trustee and Guardian Act 2009 s 41

CATEGORY : Procedural and other rulings

Masterman-Lister v Brutton & Co Ltd [2003] 3 All ER 162 CASES CITED : P v R [2003] NSWSC 819 PY v RJS [1982] 2 NSWLR 700

PARTIES : Samantha Farr State of Queensland & 2 Others

FILE NUMBER(S) : SC 20231/05

DJ Higgs SC and A Cheshire (Plaintiff) COUNSEL : B Bradley (1st Defendant) M Windsor SC (2nd and 3rd Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

PRICE J

20 August 2009

20231/05 Samantha Farr v State of Queensland & 2 Ors

JUDGMENT 1 HIS HONOUR: On 13 July 2005 the plaintiff commenced proceedings against the State of Queensland, the first defendant; the South Eastern Sydney and Illawarra Area Health Service, the second defendant; and the Sydney South West Area Health Service, the third defendant, claiming damages arising from her management and treatment at various hospitals in Queensland and in New South Wales between 1 February 1999 to 19 July 2006.