Banks (bht Banks) v Hunter New England Local Health District [2017] NSWSC 1682

Supreme Court New South Wales

Medium Neutral Citation: Banks (bht Banks) v Hunter New England Local Health District [2017] NSWSC 1682 Hearing dates: 27 November 2017 Date of orders: 27 November 2017 Decision date: 04 December 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to ss 75 - 77 of the Civil Procedure Act 2005, the settlement set out in the Consent Judgment signed by the parties in proceedings 2015/00303667 ("the Consent Judgment") is approved; (2) Judgment for the plaintiff in the sum referred to in paragraph 1 of the Consent Judgment; (3) Defendant to pay the plaintiff's costs in accordance with paragraph 1 of the Consent Judgment, agreed between the parties at $500,000; (4) Note the provisions of paragraph 2 to 5 (inclusive) of the Consent Judgment; (5) The defendant to pay to the plaintiff's parents, Mr Kurt Banks and Ms Rachael Laing, the sum of $250,000 from the settlement sum referred to in paragraph 1 of the Consent Judgment; (6) The defendant to pay into Court on the plaintiff's behalf pending further order the remainder of the settlement sum referred to in paragraph 1 of the Consent Judgment, following deduction of: (a) Statutory repayments referred to in paragraph 2 of the Consent Judgment; and (b) Payment to the plaintiff's parents the sum referred to in paragraph 5 herewith. Catchwords: MEDICAL NEGLIGENCE – birth defect – proceedings commenced by an infant through a Tutor – matter resolved – approval of the Court – no issue of principle – consent orders made. Legislation Cited: Civil Procedure Act 2005 Supreme Court Act 1970 Supreme Court Rules 1970 Cases Cited: Fisher v Marin [2008] NSWSC 1357 Category: Principal judgment Parties: Joseph Peter William Banks by his tutor Kurt Banks (Plaintiff) Hunter New England Local Health District (Defendant) Representation: Counsel: D J Higgs SC (Plaintiff) J Fox - Solicitor (Defendant)