Wells bht McGuffog v Graham; Wells bht McGuffog v Hunter New England Local Health District [2020] NSWSC 965

Wells bht McGuffog v Graham; Wells bht McGuffog v Hunter New England Local Health District [2020] NSWSC 965

The Court is satisfied that the settlements are in the best interests of the plaintiff under legal incapacity, as supported by counsel's confidential advice, affidavits of the solicitor and tutor, and after consideration of the relevant statutory requirements and case law. Approval is granted for the settlements as per the consent judgments in both proceedings.

Jurisdiction
Australia
Judgment Date
28 July 2020
Procedural Posture
Personal Injury and Medical Negligence / Application for Approval of Settlements Pursuant to S 76 of Civil Procedure Act 2005 (nsw)
Outcome
Settlements approved; orders made as per consent judgments; judgment sums to be paid into court pending further order.
Legal Topics
['application for Approval of Settlements' 'damages for Personal Injury' 'claims on Behalf of Person Under Legal Incapacity' 'motor Vehicle Accident' 'medical Negligence']
['civil Procedure' 'personal Injury' 'medical Negligence'] ['application for Approval of Settlements' 'damages for Personal Injury' 'claims on Behalf of Person Under Legal Incapacity' 'motor Vehicle Accident' 'medical Negligence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Personal Injury and Medical Negligence / Application for Approval of Settlements Pursuant to S 76 of Civil Procedure Act 2005 (nsw)

Legal Issues

  1. 1 ['Whether proposed settlements are in the interest of the plaintiff under legal incapacity' 'Whether settlements should be approved by the Court pursuant to s 76 of Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

The Court is satisfied that the settlements are in the best interests of the plaintiff under legal incapacity, as supported by counsel's confidential advice, affidavits of the solicitor and tutor, and after consideration of the relevant statutory requirements and case law. Approval is granted for the settlements as per the consent judgments in both proceedings.

Court Disposition

Settlements approved; orders made as per consent judgments; judgment sums to be paid into court pending further order.

Orders

  • ['The settlements referred to in the consent judgments in proceedings 1999/58782 and 2017/279799 are approved pursuant to s 76 of the Civil Procedure Act 2005 (NSW).' 'Orders made in accordance with the paragraphs numbered (1)–(11) inclusive of the consent judgments in proceedings 1999/58782 and 2017/279799 signed...