Yu v Western Sydney Local Health District [2016] NSWSC 1881

Supreme Court New South Wales

Medium Neutral Citation: Yu v Western Sydney Local Health District [2016] NSWSC 1881 Hearing dates: 16 December 2016 Date of orders: 16 December 2016 Decision date: 16 December 2016 Jurisdiction: Common Law Before: Campbell J Decision: The Court approves the compromise of the proceedings under section 76(3) Civil Procedure Act 2005 (NSW). By and with the consent of the parties, I order judgment in accordance with term 1 in the form of consent judgment. Under s 77(3) of the Civil Procedure Act I make the order in order 3 of the consent judgment. I note the agreement of the parties recorded in terms 2, 4, 5 and 6 of the consent judgment. I order that the judgment moneys after the deductions referred to in order 3 of the consent judgment be paid into Court and under section 77(3) of the Civil Procedure Act and s 69 of the New South Wales Trustee and Guardian Act, I order that the funds then be paid out to the NSW Trustee and Guardian. I direct that the orders may be entered forthwith and that the seal of the Court be affixed to the form of consent judgment signed by me and dated today. I direct that the opinion of Mr Romanick be placed in a sealed envelope marked "not to be opened except by order of a Judge of the Court". Catchwords: PROFESSIONAL NEGLIGENCE - medical negligence - catastrophic occurrence whilst being treated as inpatient in defendant's hospital – settlement – best interests of plaintiff – consent judgment approved Legislation Cited: Civil Procedure Act 2005 (NSW) ss 76, 77 Guardianship Act 1987 (NSW) s 25M NSW Trustee and Guardian Act 2009 (NSW) s 69 Category: Procedural and other rulings Parties: Charmaine Yu by her tutor Laurie Yu (Plaintiff) Western Sydney Local Health District (Defendant) Representation: Counsel: E. Romanick SC with T. Hickey (Plaintiff) Bridges-Webb(Defendant) Solicitors: Stacks Goudkamp (Plaintiff) Curwoods Legal Services Pty Ltd (Defendant) File Number(s): 2015/77086