Koby Morrison BHT Samantha Brown & Anor v Illawarra Shoalhaven Local Health District & Ors [2016] NSWSC 1500

Supreme Court New South Wales

Medium Neutral Citation: Koby Morrison BHT Samantha Brown & Anor v Illawarra Shoalhaven Local Health District & Ors [2016] NSWSC 1500 Hearing dates: 5 October 2016 Date of orders: 24 October 2016 Decision date: 24 October 2016 Jurisdiction: Common Law Before: Hall J Decision: The proposed settlement between the first plaintiff, Koby Morrison by his tutor Samantha Brown, and the fifth defendant, Dr Ian Tait, is approved. Category: Principal judgment Parties: Koby Morrison BHT Samantha Brown (First Plaintiff) Samantha Brown (Second Plaintiff) Darren Morrison (Third Plaintiff) Illawarra Shoalhaven Local Health District (First Defendant) State of New South Wales (Second Defendant) Dr Meike Flore (Third Defendant) Dr Brett Thomson (Fourth Defendant) Dr Ian Tait (Fifth Defendant) Representation: Counsel: Mr K Connor (Plaintiffs)

Solicitors: Shine Lawyers (Plaintiffs) Hickson Lawyers (First to Fourth Defendants) Tress Cox (Fifth Defendant) File Number(s): 2014/194987

Judgment 1. In these proceedings an application has been made on behalf of the plaintiff for the Court's approval of a settlement between the first plaintiff, who is presently four years of age, and the fifth defendant, Dr Ian Tait. 2. This application came before me in the Duty Judge list on 5 October 2016. On that occasion Dr K Connor SC appeared on behalf of the plaintiff, Ms C Watson-Kyme appeared on behalf of the first to fourth defendants and Ms Morgan appeared on behalf of the fifth defendant. 3. The proposed settlement is by way of compromise of the proceedings between the first plaintiff and the fifth defendant. The other defendants are not party to any compromise agreement. 4. On 5 October 2016 by reason of competing duty judge commitments, I was unable to deal with the matter on that date. Accordingly, I proposed that I would receive the material in support of the application and consider it in chambers. If I determined that approval should be given to the settlement, then the parties accepted that the appropriate order could be made in chambers: T 3.