Ghazi by her tutor Sfajalani v Western Sydney Local Health District trading as Auburn Hospital [2018] NSWSC 1799

Supreme Court New South Wales

Medium Neutral Citation: Ghazi by her tutor Sfajalani v Western Sydney Local Health District trading as Auburn Hospital [2018] NSWSC 1799 Hearing dates: On the papers Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Common Law Before: Harrison J Decision: (1) I note that this matter has settled subject to approval, in accordance with the terms of a consent judgment dated 22 November 2018 and signed by the legal representatives of the parties. (2) I approve the settlement pursuant to s 76(4) of the Civil Procedure Act 2005. (3) I make orders in accordance with paragraphs 1 to 5 inclusive of that consent judgment which for identification I will initial, date with today's date and place with the papers. I note paragraph 6. (4) I order in accordance with s 77(2) of the Civil Procedure Act 2005 that the judgment sum referred to in paragraph 1 of the consent judgment, less any authorised deductions for which the consent judgment specifically or by necessary implication provides, be paid into Court for payment out thereafter to the NSW Trustee & Guardian or as the Court may upon application made pursuant to s 77(3) of the Act otherwise direct. Catchwords: CIVIL PROCEDURE – settlement – court approval – where proceeding commenced on behalf of minor – where settlement amount takes into account the prospect that the plaintiff may not succeed – settlement approved Cases Cited: Ghazi by her tutor Sfajalani v Western Sydney Local Health District trading as Auburn Hospital [2018] NSWSC 1743 Category: Procedural and other rulings Parties: Ghina Ghazi by her tutor Assia Sfajalani (Plaintiff) Western Sydney Local Health District (Defendant) Representation: Counsel: M J Cranitch SC with A D Campbell (Plaintiff) M Windsor SC and S A Woods (Defendant)