Zheng & Ors v South Eastern Sydney Local Health District [2019] NSWSC 1240

The NSW Trustee and Guardian has withdrawn consent and can no longer act as tutor; Mr Matthew Hogg is suitable and willing to act as tutor in his personal capacity, so the orders sought are granted.

Jurisdiction: Australia
Judgment Date: 13 September 2019
Procedural Posture: Civil / Interlocutory Application for Replacement of Tutor
Outcome: Notice of motion granted; tutor replaced
Legal Topics: ['replacement of Tutor' 'appointment of Tutor' 'medical Negligence']

['civil Procedure'] ['replacement of Tutor' 'appointment of Tutor' 'medical Negligence']

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

Procedural Posture

Civil / Interlocutory Application for Replacement of Tutor

Legal Issues

1 ['Whether the NSW Trustee and Guardian should be removed as tutor for the first plaintiff' 'Whether Mr Matthew Hogg should be appointed as tutor for the first plaintiff']

Ratio Decidendi

The NSW Trustee and Guardian has withdrawn consent and can no longer act as tutor; Mr Matthew Hogg is suitable and willing to act as tutor in his personal capacity, so the orders sought are granted.

Court Disposition

Notice of motion granted; tutor replaced

Orders

['Pursuant to r 7.18(1)(b) of the Uniform Civil Procedure Rules the NSW Trustee and Guardian is removed as tutor of the first plaintiff.' "Pursuant to r 7.18(1)(a) Mr Matthew Hogg of level 64, MLC Centre, 19 Martin Place, Sydney, be appointed as the first plaintiff's tutor in these proceedings." 'Each party to pay...