Broome v Citibuilt Constructions Pty Ltd [2022] NSWSC 360

Broome v Citibuilt Constructions Pty Ltd [2022] NSWSC 360

Having regard to the protective function under s 76, the tutor's support, the medical and other material, counsel's confidential advice, and the risks and possible quantum at a full hearing, the Court was satisfied that the proposed settlement was in the plaintiff's best interests and should be approved.

Jurisdiction
Australia
Judgment Date
01 April 2022
Procedural Posture
Application for Approval of Settlement of Personal Injury Proceedings Commenced on Behalf of a Person Under Legal Capacity / Settlement Approval Under S 76 of the Civil Procedure Act 2005 (nsw); Orders Made by Consent
Outcome
Orders made by consent approving the proposed settlement.
Legal Topics
['approval of Settlement' 'person Under Legal Incapacity' 'protective Function of the Court' 'damages Settlement']
['civil Procedure' 'personal Injury'] ['approval of Settlement' 'person Under Legal Incapacity' 'protective Function of the Court' 'damages Settlement']

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Procedural Posture

Application for Approval of Settlement of Personal Injury Proceedings Commenced on Behalf of a Person Under Legal Capacity / Settlement Approval Under S 76 of the Civil Procedure Act 2005 (nsw); Orders Made by Consent

Legal Issues

  1. 1 ['Whether the proposed settlement of proceedings commenced on behalf of the plaintiff by his tutor should be approved under s 76 of the Civil Procedure Act 2005 (NSW).' 'Whether the proposed settlement was in the best interests of the plaintiff, including having regard to the possibility that a full hearing might produce a greater award of damages.']

Ratio Decidendi

Having regard to the protective function under s 76, the tutor's support, the medical and other material, counsel's confidential advice, and the risks and possible quantum at a full hearing, the Court was satisfied that the proposed settlement was in the plaintiff's best interests and should be approved.

Court Disposition

Orders made by consent approving the proposed settlement.

Orders

  • ['Orders made in terms of draft consent orders (1) to (4) inclusive.']