McKenzie v Turnbull [2019] NSWSC 364

McKenzie v Turnbull [2019] NSWSC 364

The settlement of the proceedings is approved because it is beneficial to the interests of the children under legal incapacity, as assessed by the court based on expert evidence and legal advice, and satisfies the requirements of s 76 of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Civil / Settlement Approval
Outcome
Settlement approved
Legal Topics
['approval of Settlement' 'persons Under Legal Incapacity' 'damages for Wrongful Death' 'compensation to Relatives']
['civil Procedure' 'tort Law'] ['approval of Settlement' 'persons Under Legal Incapacity' 'damages for Wrongful Death' 'compensation to Relatives']

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Procedural Posture

Civil / Settlement Approval

Legal Issues

  1. 1 ['Whether the proposed settlement is beneficial to the interests of the persons under legal incapacity (children)' 'Whether the court should approve the settlement under s 76 of the Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

The settlement of the proceedings is approved because it is beneficial to the interests of the children under legal incapacity, as assessed by the court based on expert evidence and legal advice, and satisfies the requirements of s 76 of the Civil Procedure Act 2005 (NSW).

Court Disposition

Settlement approved

Orders

  • ['Settlement approved pursuant to s 76 of the Civil Procedure Act 2005 (NSW)' 'Any settlement monies recovered on behalf of Alexandra Turner and Jack Turner to be paid into court pending the application of a financial manager (s 77(2) Civil Procedure Act 2005 (NSW))' "Parties have liberty to restore the matter to...