Yu v Western Sydney Local Health District (No 2) [2016] NSWSC 716

Supreme Court New South Wales

Medium Neutral Citation: Yu v Western Sydney Local Health District (No 2) [2016] NSWSC 716 Hearing dates: 2 June 2016 Date of orders: 02 June 2016 Decision date: 02 June 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1)I order that the sum of $765,000 be paid out of Court to the plaintiff's solicitor, Ms Julie Mahony, for distribution to the manager as part of the plaintiff's Estate. (2) I note the manager's undertaking contained in paragraphs 11 to 12 of his affidavit of 11 May 2016 that he will apply the subject funds to the construction of a facility for the plaintiff's accommodation, that he does not seek any remuneration from the funds for the discharge of his duties, and that any surplus after completion of the construction will be applied to the plaintiff's ongoing maintenance and support. (3) I order that these orders may be entered forthwith. Catchwords: PRODEDURE – Interlocutory proceedings – interim payments – where agreed between the parties

TRUSTEE AND GUARDIANSHIP – provision of necessary authority for manager of estate by NSW Trustee and Guardian Legislation Cited: Civil Procedure Act 2005 (NSW), ss 77(2), 77(4) 82 NSW Trustee and Guardian Act 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 41.3 Category: Procedural and other rulings Parties: Charmaine Yu by her tutor Laurie Yu (Plaintiff) Western Sydney Local Health District (Defendant) Representation: Counsel: E Romaniuk SC with T Hickey (Plaintiff) A Bridges-Webb (solicitor) (Defendant)