Wallace by his tutor Phillis Wallace v Southern New South Wales Local Health District [2018] NSWSC 636

Supreme Court New South Wales

Medium Neutral Citation: Wallace by his tutor Phillis Wallace v Southern New South Wales Local Health District [2018] NSWSC 636 Hearing dates: 27 April 2018 Decision date: 27 April 2018 Jurisdiction: Common Law Before: McCallum J Decision: Consent Judgment approved; judgment for the plaintiff in the sum referred to in paragraph 1 of the Consent Judgment; defendant to pay the plaintiff's costs as agreed or assessed; defendant to pay to the plaintiff's parents, Mr Mathew Wallace and Mrs Phyllis Wallace, the sum of $220,000 from the settlement sum referred to in paragraph 1 of the Consent Judgment; 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 the deduction of the statutory repayments referred to in paragraph 2 of the Consent Judgment and payment to the plaintiff's parents of the sum referred to in order 5. Catchwords: CIVIL LIABILITY – settlement of proceedings where plaintiff under legal incapacity – consideration whether to approve settlement Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76, 77(3) Category: Procedural and other rulings Parties: Lucas Wallace by his tutor Phillis Wallace (plaintiff) Southern New South Wales Local Health District (first defendant) Dr Peter Davis (second defendant) Representation: Counsel: D Higgs SC (plaintiff) H Allison (defendants)

Solicitors: Stacks Goudkamp (plaintiff) Crown Solicitor's Office (defendants) File Number(s): 2014/251744 Publication restriction: None