Krisman v CENTRAL COAST LOCAL HEALTH DISTRICT [2024] NSWSC 828

Krisman v CENTRAL COAST LOCAL HEALTH DISTRICT [2024] NSWSC 828

Because the NSW Civil & Administrative Tribunal's financial management order was not sufficient to authorise release of the funds paid into court, and the defendant consented, the Court was satisfied it had power to make the order necessary to give effect to the 2017 settlement and consent orders so that Ms McCartin could access the funds paid into court for her benefit.

Jurisdiction
Australia
Judgment Date
05 July 2024
Procedural Posture
Civil Procedure – Release of Funds Paid Into Court / Consequential Orders
Outcome
Order made for release of funds paid into court to Ms McCartin's financial manager, the NSW Trustee and Guardian.
Legal Topics
['release of Funds Paid Into Court' 'financial Management Order' 'consent Orders']
['civil Procedure'] ['release of Funds Paid Into Court' 'financial Management Order' 'consent Orders']

Case Brief

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Procedural Posture

Civil Procedure – Release of Funds Paid Into Court / Consequential Orders

Legal Issues

  1. 1 ["Whether funds paid into court on 30 June 2017, plus accrued interest, should be released to Ms Amy McCartin's financial manager, the NSW Trustee and Guardian." "Whether a further order of the Court was necessary to give effect to the 2017 settlement and consent orders after NCAT made a financial management order for Ms McCartin's estate."]

Ratio Decidendi

Because the NSW Civil & Administrative Tribunal's financial management order was not sufficient to authorise release of the funds paid into court, and the defendant consented, the Court was satisfied it had power to make the order necessary to give effect to the 2017 settlement and consent orders so that Ms McCartin could access the funds paid into court for her benefit.

Court Disposition

Order made for release of funds paid into court to Ms McCartin's financial manager, the NSW Trustee and Guardian.

Orders

  • ["Order that the funds paid into court on 30 June 2017, plus the interest it has since accrued, now be released by the Court to Ms McCartin's financial manager, the NSW Trustee and Guardian."]