Singh (by her next friend Singh) v Calvary Hospital Incorporated

The case of Singh (by her next friend Singh) v Calvary Hospital Incorporated dealt with the allocation of damages from a compromise agreement between the parties. The plaintiff, an infant, was represented by her next friend, her mother, who sought to determine the appropriate distribution of the settlement funds, particularly in relation to the gratuitous services rendered by her. Calvary Hospital Incorporated, the defendant, was involved in a legal dispute with the plaintiff, resulting in a compromise agreement that needed court approval. The case was heard in the Supreme Court of New South Wales.

The court was tasked with determining whether it was appropriate to direct the payment of gratuitous services to the next friend and what principles should be considered in making such a payment. The primary legal issue was whether the compromise agreement, which included allowances for past and future gratuitous services, should be sanctioned. The court had to assess whether the compromise was fair and reasonable and whether the court should intervene to ensure that the gratuitous services provided to the plaintiff were adequately compensated.

In reaching its decision, the court considered the principles guiding the allocation of damages in cases involving gratuitous services. It noted that the next friend had a moral obligation to ensure the gratuitous services were compensated. The court concluded that the compromise was appropriate and sanctioned the payment of $700,000 to the plaintiff’s mother for the gratuitous services rendered and other expenses incurred on behalf of the plaintiff. The court emphasised that the application for sanctioning a compromise was not a mere formality but required careful consideration of the circumstances and the fairness of the agreement.

The court's final orders included the payment of $700,000 to the plaintiff’s mother from the settlement funds. This sum was intended to cover all post-gratuitous services rendered and past medical and other expenses incurred for the plaintiff. The exhibits related to the application were retained on the court file until further order, ensuring that the documentation remained available for any future proceedings or reviews.