Schultz v Centre for Minimally Invasive Neurosurgery Incorporated and Anor [2023] NSWSC 970

Schultz v Centre for Minimally Invasive Neurosurgery Incorporated and Anor [2023] NSWSC 970

The settlement is for the plaintiff's benefit, having regard to medical expert evidence, the risks of litigation, the plaintiff's limited life expectancy, and legal incapacity. The court is satisfied the settlement should be approved and orders payment directly to the plaintiff under s 77 of the Civil Procedure Act 2005 (NSW).

Parties
Plaintiff: Grant Schultz; First Defendant: Centre for Minimally Invasive Neurosurgery Incorporated; Second Defendant: Charles Teo
Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Negligence — Personal Injuries / Settlement Approval Application
Outcome
Settlement approved; orders made by consent.
Legal Topics
Settlement Approval, Medical Negligence, Legal Incapacity, Court's Function in Protective Jurisdiction
Negligence Personal Injury Settlement Approval Medical Negligence Legal Incapacity Court's Function in Protective Jurisdiction

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Parties

Grant Schultz

Plaintiff

Centre for Minimally Invasive Neurosurgery Incorporated

First Defendant

Charles Teo

Second Defendant

Procedural Posture

Negligence — Personal Injuries / Settlement Approval Application

Legal Issues

  1. 1 Whether negligent medical advice caused deterioration in plaintiff's medical condition and life expectancy
  2. 2 Whether the settlement is for the plaintiff's benefit pursuant to s 76 of the Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The settlement is for the plaintiff's benefit, having regard to medical expert evidence, the risks of litigation, the plaintiff's limited life expectancy, and legal incapacity. The court is satisfied the settlement should be approved and orders payment directly to the plaintiff under s 77 of the Civil Procedure Act 2005 (NSW).

Court Disposition

Settlement approved; orders made by consent.

Orders

  • First and second plaintiffs discontinue proceedings against first defendant with no order as to costs.
  • Without admission of liability, judgment for first plaintiff in confidential sum plus costs as agreed to be assessed.