Seru v the Commonwealth of Australia by the Department of Immigration and Citizenship [2017] NSWSC 1062

Seru v the Commonwealth of Australia by the Department of Immigration and Citizenship [2017] NSWSC 1062

It is in the interests of the minor, David Rauluni, that the proceedings be resolved on the terms set out in the deed of settlement and the Court approves the settlement of both proceedings under s 76(2) of the Civil Procedure Act 2005 (NSW). Confidentiality is limited to particular documents, to balance the interests of the minor and open justice.

Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Civil Proceedings / Approval of Infant Settlement
Outcome
Settlement approved; proceedings and crossclaims dismissed with no order as to costs; limited confidentiality orders made.
Legal Topics
['approval of Infant Settlement' 'confidentiality Orders' 'nervous Shock' 'compensation to Relatives Act Claims']
['practice and Procedure' 'damages'] ['approval of Infant Settlement' 'confidentiality Orders' 'nervous Shock' 'compensation to Relatives Act Claims']

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Procedural Posture

Civil Proceedings / Approval of Infant Settlement

Legal Issues

  1. 1 ['Whether the Court should approve the settlement of claims concerning a minor under s 76 Civil Procedure Act 2005 (NSW)' 'Extent of confidentiality orders appropriate regarding settlement documents']

Ratio Decidendi

It is in the interests of the minor, David Rauluni, that the proceedings be resolved on the terms set out in the deed of settlement and the Court approves the settlement of both proceedings under s 76(2) of the Civil Procedure Act 2005 (NSW). Confidentiality is limited to particular documents, to balance the interests of the minor and open justice.

Court Disposition

Settlement approved; proceedings and crossclaims dismissed with no order as to costs; limited confidentiality orders made.

Orders

  • ['Settlement of claims on behalf of minor approved under s 76 Civil Procedure Act 2005 (NSW).' 'Monies to be paid to New South Wales Trustee and Guardian under s 77(3) Civil Procedure Act 2005 (NSW).' 'Confidentiality order limited to deed of settlement, specified affidavit passages, and confidential advice.'...