Daley v Posel [2016] NSWSC 1739

Daley v Posel [2016] NSWSC 1739

The settlement was approved because, having regard to counsel's properly based advice, the disputed issues of liability, causation and damages, the significant risk that the plaintiffs would not succeed on all issues at trial, and the benefits flowing to the grandson from the settlement proceeds, the settlement was beneficial to the third plaintiff who was under legal incapacity.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Application for Approval of Settlement in Negligence and Compensation to Relatives Act Proceedings / Settlement Approval
Outcome
The settlement is approved by the Court.
Legal Topics
['settlement Approval' 'person Under Legal Incapacity' 'medical Negligence' 'protective Jurisdiction']
['civil Procedure' 'negligence' 'compensation to Relatives'] ['settlement Approval' 'person Under Legal Incapacity' 'medical Negligence' 'protective Jurisdiction']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Approval of Settlement in Negligence and Compensation to Relatives Act Proceedings / Settlement Approval

Legal Issues

  1. 1 ['Whether the Court should approve the settlement insofar as it affected the third plaintiff, who was under legal incapacity.' 'Whether the settlement was beneficial to the interests of the person under legal incapacity given the risks on liability, causation and damages.']

Ratio Decidendi

The settlement was approved because, having regard to counsel's properly based advice, the disputed issues of liability, causation and damages, the significant risk that the plaintiffs would not succeed on all issues at trial, and the benefits flowing to the grandson from the settlement proceeds, the settlement was beneficial to the third plaintiff who was under legal incapacity.

Court Disposition

The settlement is approved by the Court.

Orders

  • ['The settlement is approved by the Court.']