Mehnah Brown bht Petrina Brown v Western NSW Local Health District

[2026] NSWSC 51

Supreme Court of NSW

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Interrogate

Catchwords

1. Negligence
2. › Settlement approval
3. › Persons under legal incapacity
4. › Nervous shock claims by minor children
5. › Whether settlement beneficial to each plaintiff and in their interests
6. › Effect of costs shortfalls on whether settlement is beneficial
7. › Civil Procedure Act 2005 (NSW), s 76(3)
1. Practice and Procedure
2. › Settlement approval
3. › Funds management
4. › Whether settlement monies should be managed by private entity or paid into Court
5. › Considerations relevant to appointment of private fund manager
6. › Civil Procedure Act 2005 (NSW), s 77(2)
1. Compensation to Relatives
2. › Dependency claims
3. › Potential dependant not identified in or notified of action
4. › Whether settlement can be approved
5. › Compensation to Relatives Act 1897 (NSW), ss 4(1), 5

Quick Take

When seeking appointment of a private fund manager for settlement monies of a person under legal incapacity, evidence should be adduced comparing the private manager's services and costs with those of the NSW Trustee & Guardian, and the NSWTG's position on the appointment should be obtained.