Mary Perera by her tutor Marisa Perera v Alpha Westmead Private Hospital trading as Westmead Private Hospital

In the Supreme Court of New South Wales, the matter of Mary Perera by her tutor Marisa Perera v Alpha Westmead Private Hospital trading as Westmead Private Hospital was heard. The dispute originated from a medical negligence claim brought on behalf of Mary Perera, who was a person under legal incapacity, by her tutor Marisa Perera. The proceedings were settled, and the court was required to determine whether the settlement required approval under section 76 of the Civil Procedure Act 2005 and whether Marisa Perera should remain as the tutor for Mary Perera.

The primary legal issues before the court were whether the settlement of the proceedings required approval under section 76 of the Civil Procedure Act 2005 and whether Mary Perera remained a person under legal incapacity, necessitating the continuation of Marisa Perera as her tutor. Additionally, the court considered whether Mary Perera was capable of managing her own affairs and whether Marisa Perera should be removed as her tutor under Rule 7.18 of the Uniform Civil Procedure Rules 2005.

The court examined the provisions of the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules 2005, particularly Division 4 and Rules 7.13-7.16, to assess Mary Perera's legal capacity. It found that Mary Perera no longer met the criteria for being a person under legal incapacity and was therefore capable of managing her own affairs. Consequently, the court ruled that Marisa Perera should be removed as the tutor for Mary Perera under Rule 7.18. Moreover, the court determined that the approval of the settlement under section 76 of the Civil Procedure Act 2005 was not required as Mary Perera was no longer under legal incapacity.

The final orders of the court were to remove Marisa Perera as the tutor for Mary Perera and to dismiss the application for approval of the settlement under section 76 of the Civil Procedure Act 2005.