Warren v Northern Sydney Local Health District [2019] NSWSC 1350

Supreme Court New South Wales

Medium Neutral Citation: Warren v Northern Sydney Local Health District [2019] NSWSC 1350 Hearing dates: 4 October 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to s 76 of the Civil Procedure Act 2005 (NSW), approve the settlement reached by the parties on 5 September 2019, which is set out in the document entitled "Consent Judgment" which is annexure "A" to the affidavit of Patrick John Heath sworn 28 September 2019.

(2) Judgment for the plaintiff in the sum of xxxxxx (the judgment sum) plus costs as agreed at $200,000.

(3) Order the judgment sum to be paid into Court, net of any statutory deductions. Catchwords: CIVIL PROCEDURE – approval of settlement pursuant to s 76 of Civil Procedure Act 2005 (NSW) – substantial issues regarding causation – settlement found to be in plaintiff's interests – orders made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 3, 76 Category: Principal judgment Parties: Christopher James Warren by his Tutor and Next Friend, Robyn Anne Warren (Plaintiff) Northern Sydney Local Health District (Defendant) Representation: Counsel: D Hirsch (Plaintiff) P Rooney (Defendant)

Solicitors: Higgins Lawyers (Plaintiff) Hicksons (Defendant) File Number(s): 2018/263772

Judgment

Introduction 1. On 25 and 26 June 2014 Christopher Warren (the plaintiff) suffered a debilitating thrombotic stroke which resulted in occlusion of his left internal caratoid artery. At the time, he was an in-patient at Royal North Shore Hospital (the hospital), having been admitted earlier on 25 June 2014 with a history of worsening headache and minor arm weakness. The plaintiff alleged that the right hemiplegia and brain damage he suffered as a consequence of the stroke had been caused by the negligence of staff of Royal North Shore Hospital (the hospital). It was accepted that the Northern Sydney Local Health District (the defendant), was the body liable for any liability of the hospital. The parties have agreed to resolve the proceedings by the entry of judgment in favour of the plaintiff in the sum of xxxxxx and payment of costs as agreed in the sum of $200,000. 2. This Court's approval of the settlement is required by s 76 of the Civil Procedure Act 2005 (NSW) because the plaintiff is accepted to be a person under a legal incapacity within the meaning of s 3 of the Civil Procedure Act. It is common ground that the plaintiff is an incommunicate person, being a person who has such a physical or mental disability that he is unable to receive communications or express his will with respect to his property or affairs.