AB by her tutor MB v State of New South Wales and Anor [2018] NSWSC 765

AB by her tutor MB v State of New South Wales and Anor [2018] NSWSC 765

The proposed settlement is reasonable and in the interests of the plaintiff, considering the risks of litigation and the advice of counsel and affidavits provided; accordingly, approval is granted under s.76 Civil Procedure Act 2005.

Parties
Plaintiff: AB by her Tutor MB; First Defendant: State of New South Wales; Second Defendant: South Eastern Sydney Illawarra Health Service
Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Civil / Settlement Approval
Outcome
Settlement approved under s.76 Civil Procedure Act 2005; consent orders made
Legal Topics
Settlement Approval, Persons Under Legal Incapacity, Negligence
Civil Law Settlement Approval Persons Under Legal Incapacity Negligence

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Parties

AB by her Tutor MB

Plaintiff

State of New South Wales

First Defendant

South Eastern Sydney Illawarra Health Service

Second Defendant

Procedural Posture

Civil / Settlement Approval

Legal Issues

  1. 1 Whether the proposed settlement is in the interests of the plaintiff, a person under legal incapacity
  2. 2 Whether approval should be granted under s.76 Civil Procedure Act 2005
  3. 3 Whether the NDIS may seek repayment from the settlement funds

Ratio Decidendi

The proposed settlement is reasonable and in the interests of the plaintiff, considering the risks of litigation and the advice of counsel and affidavits provided; accordingly, approval is granted under s.76 Civil Procedure Act 2005.

Court Disposition

Settlement approved under s.76 Civil Procedure Act 2005; consent orders made

Orders

  • Settlement approved
  • Consent Judgment executed