Wall v Northern Sydney Local Health District & Ors [2019] NSWSC 1239

Wall v Northern Sydney Local Health District & Ors [2019] NSWSC 1239

The funds paid by the defendants into court are to be paid to the New South Wales Trustee and Guardian to be held on behalf of the plaintiff instead of a private corporate trustee; each party is to bear its own costs of the application.

Parties
Plaintiff: Louis Wall; First Defendant: Northern Sydney Local Health District; Second Defendant: Robert Sew Hoy; Third Defendant: Alan Gunn
Jurisdiction
Australia
Judgment Date
11 September 2019
Procedural Posture
Procedural and Other Rulings / Notice of Motion to Alter Funds Disbursement
Outcome
Application granted in part; orders made varying previous court order and allocating funds to be held by New South Wales Trustee and Guardian. Each party to bear its own costs.
Legal Topics
Change of Trustee, Funds Paid Into Court, Payment to Trustee and Guardian, Costs
Civil Procedure Change of Trustee Funds Paid Into Court Payment to Trustee and Guardian Costs

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Parties

Louis Wall

Plaintiff

Northern Sydney Local Health District

First Defendant

Robert Sew Hoy

Second Defendant

Alan Gunn

Third Defendant

Procedural Posture

Procedural and Other Rulings / Notice of Motion to Alter Funds Disbursement

Legal Issues

  1. 1 Whether funds paid into court for a settlement should now be paid to the New South Wales Trustee and Guardian instead of a private corporate trustee
  2. 2 Appropriate allocation of costs for the present application

Ratio Decidendi

The funds paid by the defendants into court are to be paid to the New South Wales Trustee and Guardian to be held on behalf of the plaintiff instead of a private corporate trustee; each party is to bear its own costs of the application.

Court Disposition

Application granted in part; orders made varying previous court order and allocating funds to be held by New South Wales Trustee and Guardian. Each party to bear its own costs.

Orders

  • Order 4 made by Justice Harrison on 22 June 2017 is vacated to the extent that it provided for payment out of funds paid into court by the defendants to a private corporate trustee pursuant to s 77(3) of the Civil Procedure Act 2005 (NSW).
  • Funds paid by the defendants into court are to be paid to the New South Wales Trustee and Guardian to be held on behalf of the plaintiff pursuant to s 77(3) of the Civil Procedure Act 2005 (NSW).