Moore v State of New South Wales [2014] FCA 477

Moore v State of New South Wales [2014] FCA 477

The compromise or settlement is approved as it is in the applicant's best interests, considering the minimal alleged loss, significant risks and costs if the proceeding continued, and the evidence and independent legal opinion supporting approval.

Parties
Applicant: Axel Moore (by his litigation representative Ian Anderson); First Respondent: State of New South Wales; Second Respondent: Bateau Bay Public School Parents & Citizens' Association; Third Respondent: Maureen Gray; Fourth Respondent: Sue Turl
Jurisdiction
Australia
Judgment Date
09 May 2014
Procedural Posture
Application for Approval of Settlement in Discrimination Proceeding / Application for Approval of Compromise Under R 9.71 and Final Orders
Outcome
Approval of compromise/settlement granted and proceeding dismissed with no order as to costs.
Legal Topics
Disability Discrimination, Approval of Litigation Compromise, Litigation by Person Under Legal Incapacity
Human Rights Law Discrimination Law Disability Discrimination Approval of Litigation Compromise Litigation by Person Under Legal Incapacity

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Parties

Axel Moore (by his litigation representative Ian Anderson)

Applicant

State of New South Wales

First Respondent

Bateau Bay Public School Parents & Citizens' Association

Second Respondent

Maureen Gray

Third Respondent

Sue Turl

Fourth Respondent

Procedural Posture

Application for Approval of Settlement in Discrimination Proceeding / Application for Approval of Compromise Under R 9.71 and Final Orders

Legal Issues

  1. 1 Whether the proposed settlement is in the best interests of the applicant (a person under legal incapacity)
  2. 2 Whether approval of compromise pursuant to Federal Court Rules 2011 (Cth) r 9.71 should be granted

Ratio Decidendi

The compromise or settlement is approved as it is in the applicant's best interests, considering the minimal alleged loss, significant risks and costs if the proceeding continued, and the evidence and independent legal opinion supporting approval.

Court Disposition

Approval of compromise/settlement granted and proceeding dismissed with no order as to costs.

Orders

  • Approval given to the compromise or settlement between the parties contained in the Deed of Settlement and Release annexed to the affidavit of Ian Anderson.
  • The proceeding is dismissed with no order as to costs.