Hermione (a pseudonym) v Keegan [2022] NSWDC 146

Hermione (a pseudonym) v Keegan [2022] NSWDC 146

The proposed settlement, including costs, was manifestly inadequate and not in the best interests of the plaintiff, given the severity and impact of her injuries and future needs. A minor's settlement cannot be approved when it is expressed as inclusive of costs and does not reflect a reasonable or fair assessment of damages where liability is not contested.

Jurisdiction
Australia
Judgment Date
06 May 2022
Procedural Posture
Civil / Infant Settlement Approval; Interlocutory Application
Outcome
Proposed settlement not approved; further assessment ordered
Legal Topics
['infant Settlement' 'damages Assessment' 'sexual Assault' 'non Publication Orders']
['practice and Procedure'] ['infant Settlement' 'damages Assessment' 'sexual Assault' 'non Publication Orders']

Case Brief

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Procedural Posture

Civil / Infant Settlement Approval; Interlocutory Application

Legal Issues

  1. 1 ["Whether the proposed settlement of the plaintiff's claim (a minor) should be approved by the Court" 'Whether the sum offered is adequate and in the best interests of the plaintiff']

Ratio Decidendi

The proposed settlement, including costs, was manifestly inadequate and not in the best interests of the plaintiff, given the severity and impact of her injuries and future needs. A minor's settlement cannot be approved when it is expressed as inclusive of costs and does not reflect a reasonable or fair assessment of damages where liability is not contested.

Court Disposition

Proposed settlement not approved; further assessment ordered

Orders

  • ['The proposed settlement is not approved;' "The draft consent orders comprising the proposed terms of settlement, the confidential advice of Mr Elliott dated 9 April 2022, and the affidavit of Ms Patricia Eveleigh sworn on 6 May 2022 are to be placed in a sealed envelope in the Court file and marked 'Not to be...