Twigg by her tutor Elizabeth Flintoft v Pitcher Partners Holdings Pty Ltd (No 6) [2025] NSWSC 77

Twigg by her tutor Elizabeth Flintoft v Pitcher Partners Holdings Pty Ltd (No 6) [2025] NSWSC 77

The Court approves the proposed settlement as it is in the best interests of Mrs Twigg, given the amount recovered, the risks of continued litigation, her age and health, and the appropriateness of the apportionment based on previous findings. Settlement is well within the appropriate range and satisfies the requirements of s 76(4) Civil Procedure Act 2005 (NSW).

Parties
First Plaintiff: Diana Twigg by her tutor Elizabeth Flintoft; Second Plaintiff: Twigg Plant Hire Pty Ltd; Third Plaintiff: Ipswich Landfill Pty Ltd; Fourth Plaintiff: Brooklyn Landfill & Waste Management Pty Ltd; First Defendant: Pitcher Partners Holdings Pty Ltd; Second Defendant: Pitcher Partners Investment Services Pty Ltd; Third Defendant: Pitcher Partners Advisors Pty Ltd
Jurisdiction
Australia
Judgment Date
17 February 2025
Procedural Posture
Equity – Commercial List / Approval of Settlement of Proceedings Under S 76 Civil Procedure Act 2005 (nsw)
Outcome
Settlement approved
Legal Topics
Approval of Settlement, Person Under Legal Incapacity, Confidentiality, Costs
Civil Procedure Equity Approval of Settlement Person Under Legal Incapacity Confidentiality Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Diana Twigg by her tutor Elizabeth Flintoft

First Plaintiff

Twigg Plant Hire Pty Ltd

Second Plaintiff

Ipswich Landfill Pty Ltd

Third Plaintiff

Brooklyn Landfill & Waste Management Pty Ltd

Fourth Plaintiff

Pitcher Partners Holdings Pty Ltd

First Defendant

Pitcher Partners Investment Services Pty Ltd

Second Defendant

Pitcher Partners Advisors Pty Ltd

Third Defendant

Procedural Posture

Equity – Commercial List / Approval of Settlement of Proceedings Under S 76 Civil Procedure Act 2005 (nsw)

Legal Issues

  1. 1 Whether settlement should be approved under s 76 of the Civil Procedure Act 2005 (NSW) on behalf of a person under legal incapacity
  2. 2 Appropriateness of settlement amount and apportionment
  3. 3 Confidentiality of counsel's advice

Ratio Decidendi

The Court approves the proposed settlement as it is in the best interests of Mrs Twigg, given the amount recovered, the risks of continued litigation, her age and health, and the appropriateness of the apportionment based on previous findings. Settlement is well within the appropriate range and satisfies the requirements of s 76(4) Civil Procedure Act 2005 (NSW).

Court Disposition

Settlement approved

Orders

  • Pursuant to section 76 of the Civil Procedure Act 2005 (NSW), the Court approves the settlement on the terms set out in the letters dated 20 December 2024 and 30 January 2025.
  • The 'Principal Settlement Sum' and 'Costs Settlement Sum' to be paid into the plaintiffs' solicitors' trust account.