McVey v St Vincent's Hospital (Melbourne) Ltd

The case of McVey v St Vincent's Hospital (Melbourne) Ltd involved a dispute between a protected person, represented by their administrator, and St Vincent's Hospital (Melbourne) Ltd. The protected person had brought proceedings against the hospital, which were conducted by the administrator under an administration order issued by the court. A compromise agreement was reached between the administrator and the hospital for the dismissal of the proceedings, but the protected person objected to the agreement. The matter was heard in the County Court of Victoria.

The court was required to determine whether the State Trustees, as the administrator, acted within their power under the Guardianship and Administration Act 1986 to enter into the compromise agreement. The court also had to consider whether the appeal from the compromise order was valid, given that the notice of appeal was issued while the protected person was subject to an administration order, rendering the notice void. Additionally, the court examined whether an appeal was open from a consent order and whether the judgment could be set aside on appeal to the Court of Appeal.

The court found that the State Trustees, as the administrator, had acted within their power to enter into the compromise agreement. The court also determined that the notice of appeal was void, but the application for leave to appeal was valid. The court held that the appeal had prospects of success on the question of whether the consent order could be set aside. The court granted leave to appeal and set aside the consent order, allowing the appeal to proceed. The final orders included setting aside the consent order and allowing the appeal to the Court of Appeal.