Jennings v Jennings [2019] NSWSC 662

Jennings v Jennings [2019] NSWSC 662

Section 76 of the Civil Procedure Act 2005 (NSW) requires court approval for settlement or compromise in proceedings involving a person under legal incapacity, and the circumstances of discontinuance in this case constitute a settlement; thus, approval is necessary, which is granted as the plaintiff obtained principal relief.

Jurisdiction
Australia
Judgment Date
05 June 2019
Procedural Posture
Civil / Discontinuance Approval
Outcome
Plaintiff given leave to discontinue proceedings.
Legal Topics
['discontinuance' 'approval for Settlement Involving Persons Under Legal Incapacity']
['civil Procedure'] ['discontinuance' 'approval for Settlement Involving Persons Under Legal Incapacity']

Case Brief

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Procedural Posture

Civil / Discontinuance Approval

Legal Issues

  1. 1 ['Whether court approval is required for discontinuance where a person under legal incapacity is a party']

Ratio Decidendi

Section 76 of the Civil Procedure Act 2005 (NSW) requires court approval for settlement or compromise in proceedings involving a person under legal incapacity, and the circumstances of discontinuance in this case constitute a settlement; thus, approval is necessary, which is granted as the plaintiff obtained principal relief.

Court Disposition

Plaintiff given leave to discontinue proceedings.

Orders

  • ['Settlement approved.' 'Plaintiff given leave to discontinue proceedings.']