Wall v Northern Sydney Local Health District & Ors [2019] NSWSC 1239

Supreme Court New South Wales

Medium Neutral Citation: Wall v Northern Sydney Local Health District & Ors [2019] NSWSC 1239 Hearing dates: 11 September 2019 Date of orders: 11 September 2019 Decision date: 11 September 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Order 4 made by his Honour Justice Harrison on 22 June 2017 is vacated to the extent that it provided for payment out of funds paid into court by the defendants to a private corporate trustee pursuant to s 77(3) of the Civil Procedure Act 2005 (NSW). (2) The funds paid by the defendants into court are to be paid to the New South Wales Trustee and Guardian to be held on behalf of the plaintiff pursuant to s 77(3) of the Civil Procedure Act 2005 (NSW). (3) Each party bear its own costs of the application. Catchwords: CIVIL PROCEDURE – change of trustee – funds paid into Court to be paid to New South Wales Trustee and Guardian to hold on behalf of the plaintiff

COSTS – each party to bear its own costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 77(3) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Louis Wall (Plaintiff) Northern Sydney Local Health District (First Defendant) Robert Sew Hoy (Second Defendant) Alan Gunn (Third Defendant) Representation: Counsel: J Tsang (Plaintiff)

Solicitors: Brydens Lawyers (Plaintiff) Avant Law (Second Defendant) File Number(s): 2015/148702 Publication restriction: Nil