Jeanette Jana BHT Ronald Jana v Western Sydney Local Health District trading as Westmead Hospital

[2021] NSWSC 1444

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Civil Procedure
2. › plaintiff sued first and second defendant for injuries arising out of medical negligence
3. › Calderbank offer accepted by plaintiff
4. › approval of settlement
5. › where three statutory deductions must be made from amount of settlement
6. › where defendants propose term to be included in consent judgment withholding interest payable until certificates received from Commonwealth entities
7. › whether such term should be implied in consent judgment
1. Contracts
2. › construction -- whether proposed term was a standard term in consent judgments
3. › where implying term into judgment would have effect of varying s 101 of the Civil Procedure Act
4. › where term does not fall within any of categories of implied terms identified in relevant case law
5. › where no basis for implication of term