Samantha Krisman v Central Coast Local Health District
[2024] NSWSC 828
•05 July 2024
Supreme Court
New South Wales
Medium Neutral Citation: Samantha Krisman v CENTRAL COAST LOCAL HEALTH DISTRICT [2024] NSWSC 828 Hearing dates: On the papers Date of orders: 5 July 2024 Decision date: 05 July 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Order that the funds paid into court on 30 June 2017, plus the interest it has since accrued, now be released by the Court to Ms McCartin’s financial manager, the NSW Trustee and Guardian
Catchwords: CIVIL PROCEDURE – release of funds paid into Court
Cases Cited: Krisman v Central Coast Health District [2017] NSWCA 699
Category: Consequential orders Parties: Samantha Mary Krisman (First Plaintiff)
Craig McCartin (Second Plaintiff)
Nathan McCartin (Third Plaintiff)
Amy McCartin bht Samantha Mary Krisman (Fourth Plaintiff)
Central Coast Local Health District (First Defendant)
Health Administration Corporation (NSW Health Pathology) (Second Defendant)Representation: Solicitors:
Peninsula Law (Plaintiff)
McCabes Lawyers (Defendant)
File Number(s): 2016/00360135 Publication restriction: Nil
JUDGMENT
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On 2 June 2017 I approved a settlement which the parties had arrived at, reasons for which were later given: Krisman v Central Coast Health District [2017] NSWCA 699. Consent orders were also then made. The parties approached on 1 July 2024 seeking that a further order be made in chambers, necessary to give final effect to the settlement and earlier orders.
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That became necessary, the NSW Civil & Administrative Tribunal having in October 2023 made a financial management order committing the management of the estate of one of the plaintiffs, Ms Amy McCartin, to the NSW Trustee and Guardian. The Trustee had then sought the release of funds which had been paid into court in 2017, in accordance with the 2017 settlement.
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The Court’s Court Revenue & Trust Account Coordinator advised, however, that release of those funds to the Trustee required a further order of the Court, the order which NCAT had made in respect of Ms McCartin’s estate not being sufficient to authorise their release. The release order which was accordingly sought was consented to by the defendant.
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In all of those circumstances I am satisfied that the Court has the power to make the order necessary to give effect to the 2017 settlement and consent orders and that it should be exercised, so that Ms McCartin will gain access to the funds paid into court for her benefit, in accordance with the settlement and earlier orders.
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Accordingly, I order that the funds paid into court on 30 June 2017, plus the interest it has since accrued, now be released by the Court to Ms McCartin’s financial manager, the NSW Trustee and Guardian.
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Decision last updated: 12 July 2024
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