Linton Rodney Rose bhnf Jennifer Cheri Rose v Western Sydney Local Health District; Jennifer Cheri Rose v Western Sydney Local Health District [2024] NSWSC 286

Linton Rodney Rose bhnf Jennifer Cheri Rose v Western Sydney Local Health District; Jennifer Cheri Rose v Western Sydney Local Health District [2024] NSWSC 286

Mrs Rose is the appropriate and consenting person to be appointed representative of Linton Rodney Rose's estate for the purpose of the current proceedings, there being no will, no interest by the sons or the NSW Trustee and Guardian, and all requirements for representation being satisfied under the Rules and Act.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Civil / Procedural Directions; Application for Representative Appointment
Outcome
Application granted; orders made in accordance with short minutes of order dated 7 March 2024.
Legal Topics
['representative Order' 'appointment of Representative' 'medical Negligence' 'intestacy']
['civil Procedure'] ['representative Order' 'appointment of Representative' 'medical Negligence' 'intestacy']

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Procedural Posture

Civil / Procedural Directions; Application for Representative Appointment

  1. 1 ["Whether to appoint Jennifer Cheri Rose as representative of Linton Rodney Rose's estate for the purpose of proceedings, following his death intestate."]

Ratio Decidendi

Mrs Rose is the appropriate and consenting person to be appointed representative of Linton Rodney Rose's estate for the purpose of the current proceedings, there being no will, no interest by the sons or the NSW Trustee and Guardian, and all requirements for representation being satisfied under the Rules and Act.

Court Disposition

Application granted; orders made in accordance with short minutes of order dated 7 March 2024.

Orders

  • ["Mrs Rose appointed as representative of Linton Rodney Rose's estate for the purpose of these proceedings."]