Cambridge (by his tutor Karan Anne Cambridge) v Illawarra Shoalhaven Local Health District (formerly known as South Eastern Sydney and Illawarra Health Area Service) [2013] NSWSC 432

Supreme Court New South Wales

Medium Neutral Citation: Cambridge (by his tutor Karan Anne Cambridge) v Illawarra Shoalhaven Local Health District (formerly known as South Eastern Sydney and Illawarra Health Area Service) [2013] NSWSC 432 Hearing dates: 23 April 2013 Decision date: 23 April 2013 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Pursuant to s 77 subs (4) of the Civil Procedure Act that the money paid into court pursuant to the order of this Court on 16 April 2013 be paid to the plaintiff's parents, Andrew Cambridge and Karan Anne Cambridge. 2. That the costs of this order be costs in the cause. Catchwords: PROCEDURE - notice of motion - consent orders sought - money paid into Court to be paid to plaintiff's parents - costs - consent orders made Legislation Cited: Civil Procedure Act 2005 Category: Procedural and other rulings Parties: Finn Cambridge (by his tutor) Karan Anne Cambridge (Plaintiff) Illawarra Shoalhaven Local Health District (formerly known as South Eastern Sydney Illawarra Area Health Service) Defendant) Representation: Counsel: Ms K James (Plaintiff) Solicitors: Hansons Lawyers (Plaintiff) Curwoods Legal Services Pty Ltd (Defendant) File Number(s): 2009/297831 Publication restriction: None

ex tempore Judgment 1These proceedings were commenced by statement of claim brought by the plaintiff, Finn Cambridge, by his tutor Karan Anne Cambridge, his mother, in November 2009. It is a claim of professional negligence brought against the defendant, South Eastern Sydney and Illawarra Health Service. The plaintiff is a minor born in February 2007. 2By consent orders made by Justice Adams on 16 April 2013 pursuant to s 82 of the Civil Procedure Act 2005, an interim payment in favour of the plaintiff in the sum of $135,000 was to be paid into court. 3Today before the Court is an application for an order that the sum which has been paid into Court be paid, pursuant to s 77(4) of the Civil Procedure Act, to the plaintiff's parents. That application is brought by way of notice of motion filed in 5 April 2013. It is supported by an affidavit sworn by Ms Woods, the plaintiff's solicitor, in which she deposes that the funds are to be used for the benefit of the plaintiff, in order to meet the costs of additions to the plaintiff's parents' home, which are necessary as a result of the injuries sustained by the plaintiff, which are the subject of these proceedings. 4The affidavit explains that the plaintiff's parents have had to take out an additional loan to pay those costs and are finding the repayments to be a financial burden. The moneys are to be paid out to reimburse them for those costs. 5Section 77(4) provides that money paid into Court is to be paid to such persons as the Court may direct, including, if the person is a minor, to the New South Wales Trustee and Guardian or, if the person is a protected person, to the manager of the protected person's estate. 6In the circumstances here before the Court I am satisfied that the orders sought to be made by consent are appropriate to be made in proper exercise of the Court's jurisdiction, given the claims which are advanced in the proceedings and by whom and the purpose for which the moneys are to be paid, to the plaintiff's parents, plainly for the plaintiff's benefit. 7Accordingly, for those reasons, by consent I make the following orders: 1. Pursuant to s 77 subs (4) of the Civil Procedure Act that the money paid into court pursuant to the order of this Court on 16 April 2013 be paid to the plaintiff's parents, Andrew Cambridge and Karan Anne Cambridge. 2. That the costs of this order be costs in the cause.