Harrison Riches by his tutor Corrina Jayne Brenton v Western NSW Local Health District [2017] NSWSC 1130

Supreme Court New South Wales

Medium Neutral Citation: Harrison Riches by his tutor Corrina Jayne Brenton v Western NSW Local Health District [2017] NSWSC 1130 Hearing dates: 23 August 2017 Decision date: 24 August 2017 Jurisdiction: Common Law Before: Button J Decision: 1. Pursuant to s 76(4) of the Civil Procedure Act 2005 (NSW) the Court approves the settlement reached on behalf of the plaintiff with the defendant and makes the orders set out in the Consent Judgment executed by the solicitors for the parties, annexed to the Short Minutes of Order dated 24 August 2017. 2. Pursuant to s 77 of the Civil Procedure Act 2005 (NSW) the defendant is to pay the sum of XXX (being XXX less deductions of XXX to Medicare and XXX to Cerebral Palsy Alliance) into this Court pending further orders of the Protective Division. 3. The defendant to pay party / party costs in accordance with paragraph one of the Consent Judgment, as agreed in the sum of XXX. 4. The defendant is excused from further attendance in the proceedings. Catchwords: CIVIL – PRACTICE AND PROCEDURE – application for approval of settlement – personal injury proceedings commenced on behalf of a person under legal incapacity – allegation of negligence against medical staff with respect to birth of plaintiff - whether proposed settlement is in the interests of the plaintiff – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76, 77 Category: Principal judgment Parties: Harrison Riches by his tutor Corrina Jayne Brenton (plaintiff) Western NSW Local Health District (defendant) Representation: Counsel: R. O'Keefe (plaintiff) S. Woods (defendant) File Number(s): 2014/00051031 Publication restriction: With regard to the quantum of the settlement sum.