Zois v South Eastern Sydney Local Health District

[2022] NSWSC 1304

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Zois v South Eastern Sydney Local Health District [2022] NSWSC 1304

Hearing dates:

21 September 2022

Date of orders:

21 September 2022

Decision date:

21 September 2022

Jurisdiction:

Common Law

Before:

Lonergan J

Decision:

(1) I note the matter has settled subject to approval in accordance with the terms of a Consent Judgment signed by the legal representatives of the parties on 16 September 2022 by the plaintiff and 20 September 2022 by the defendant.

(2) I approve the settlement pursuant to s 76(4) of the Civil Procedure Act 2005.

(3) I makes orders in accordance with paragraphs 1 - 9 inclusive of that Consent Judgment which, for identification purposes, I will initial, date with today's date and place with the Court papers.

(4) I order in accordance with section 77(2) of the Civil Procedure Act 2005 that the judgment sum referred to in paragraph 1 of the Consent Judgment, less any amounts authorised or deductions for which the Consent judgment specifically or by necessary implication provides, be paid into Court for payment out thereafter pending further order of the Court.

Catchwords:

CIVIL PROCEDURE – settlement approval – proceedings brought by person under legal incapacity – Court approval

Legislation Cited:

Civil Procedure Act 2005 (NSW)

Category:

Procedural rulings

Parties:

Angelos Zios (Plaintiff)
South Eastern Sydney Local Health District (Defendant)

Representation:

Counsel:
R O’Keefe (Plaintiff)

Solicitors:
Turner Freeman Lawyers (Plaintiff)
McCabes Lawyers (Defendant)

File Number(s):

2022/00225249

Publication restriction:

Nil

REVISED EXTEMPORE JUDGMENT

1. Angelos Zois was born on  [REDACTED]. He is now 86 years old. He came to Australia in 1961, he met his wife Maria and they married and have three adult children, one of whom, Con, is his father's tutor in these proceedings.

2. Angelos drove cabs for many years and was in good health prior to a stroke, or what seems to have been a fairly minor and manageable stroke, in April 2021.

3. Unfortunately, investigations at that time at the hospital managed by the defendant Local Health District, which included various scans, missed an obvious stenosis of the right internal carotid artery which, based on the evidence tendered on this application, could have been treated successfully. Unfortunately it was missed, and on 28 May 2021 Angelos had a more significant stroke which has led to left-sided hemiplegia, cognitive impairment and other complications and disabilities.

4. I have had the benefit of reviewing an affidavit of Nicola Simone Jandura dated 16 September 2022 and the exhibit to that affidavit that included the relevant medical evidence.

5. I was also assisted by an affidavit of Con Zois sworn 15 September 2022 that advised me that he understood the bases of the settlement and considered that it was appropriate and reasonable and in his father's interests. I agree, and understand why Con wishes the settlement to be approved.

6. I was greatly assisted by a succinct and well-structured advice of counsel, Mr O'Keefe. That advice will remain confidential. The Court obtains significant benefit from confidential advices of this type from experienced counsel, and that advice has assisted me in reaching the view that I have that the settlement should be approved.

7. Unfortunately there is very little prospects of further recovery, as I understand it, from the medical reports and Angelos will need ongoing physical and other assistance, and that assistance and the rationale for it has been well-explained in the medical evidence exhibited to Ms Jandura's affidavit.

8. The settlement is appropriate and I am satisfied that it is appropriate and that it is in the best interests of Angelos, and I approve it and make the following orders:

1. I note the matter has settled subject to approval in accordance with the terms of a Consent Judgment signed by the legal representatives of the parties on 16 September 2022 by the plaintiff and 20 September 2022 by the defendant. 

2. I approve the settlement pursuant to s 76(4) of the Civil Procedure Act 2005 (NSW).

3. I makes orders in accordance with paragraphs 1 - 9 inclusive of that Consent Judgment which, for identification purposes, I will initial, date with today's date and place with the Court papers.

4. I order in accordance with section 77(2) of the Civil Procedure Act 2005 that the judgment sum referred to in paragraph 1 of the Consent Judgment, less any amounts authorised or deductions for which the Consent judgment specifically or by necessary implication provides, be paid into Court for payment out thereafter pending further order of the Court. 

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Amendments

29 September 2022 - Redaction

Decision last updated: 29 September 2022