Hu by his tutor Zhao v Wong [2014] NSWSC 641

Supreme Court New South Wales

Medium Neutral Citation: Hu by his tutor Zhao v Wong [2014] NSWSC 641 Hearing dates: 22 May 2014 Decision date: 22 May 2014 Jurisdiction: Common Law Before: Davies J Decision: Pursuant to s 77(3) Civil Procedure Act 2005 monies paid to the Supreme Court be released to the Plaintiff's tutor Catherine Zhao as trustee for investment only with Perpetual Private in accordance with the affidavit of Anh Stelfox affirmed 23 January 2014. Catchwords: DAMAGES - monies in Court - payment out to Plaintiff's trustee for investment Legislation Cited: Civil Procedure Act 2005 Category: Interlocutory applications Parties: William Hu by his tutor Catherine Zhao (Plaintiff) Dr Susan Wong (First Defendant) Dr Alan Wong (Second Defendant) Dr George Tang (Third Defendant) Dr William C T Chua (Fourth Defendant) Representation: Counsel: M Eagle (Plaintiff) No appearances (Defendants) Solicitors: G H Healey & Co Lawyers (Plaintiff) File Number(s): 2010/300829

Judgment 1On 18 June 2013 Garling J approved settlement in favour of the Plaintiff who is a minor, born 11 September 2007. Order 4 provided that after deduction of the amounts due the Commonwealth in respect of past Medicare benefits, the Second, Third and Fourth Defendants were to pay the remaining judgment sums to the Supreme Court of New South Wales pending further order or on the application of the Plaintiff. 2The Plaintiff by reason of being a minor has his mother, Catherine Zhao, acting as his tutor. She now applies on his behalf for the release of the funds in Court to be invested with Perpetual Limited in its division called Perpetual Private. 3I am satisfied, having read the affidavit of Anh Stelfox sworn 23 January 2014, a senior adviser of the Private Clients Division of Perpetual Limited, that it is appropriate that the funds should be invested in accordance with what is set out in his affidavit. 4For that purpose, it is appropriate to appoint the Plaintiff's tutor, Catherine Zhao, as his trustee until he either reaches his majority or becomes capable of administering his own funds, whichever is later. 5Accordingly, I order that the moneys in Court pursuant to s 77(3) of the Civil Procedure Act 2005 be released to the Plaintiff's trustee, Catherine Zhao, for the purposes only of investment with Perpetual Private a division of Perpetual Limited in accordance with the affidavit of Ahn Stelfox affirmed 23 January 2014.