Jalife v McIntyre [2020] NSWSC 799

Jalife v McIntyre [2020] NSWSC 799

Approving the releases and the settlement is appropriate because the terms were, at the time of agreement, financially advantageous, prudent, and fair and reasonable for all defendants—including the children—having regard to the financial risks, medical circumstances of the minors, independent advice received, and the certainty brought by the settlement; statutory criteria for approval under the Succession Act 2006 (NSW) and Civil Procedure Act 2005 (NSW) are satisfied.

Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Civil / Judgment Following Settlement Approval Application
Outcome
Approval of releases and settlement; orders as per negotiated Deed of Settlement and statutory approvals.
Legal Topics
['family Provision' 'approval of Release' 'settlements Involving Minors' 'constructive Trust']
['succession Law' 'civil Procedure'] ['family Provision' 'approval of Release' 'settlements Involving Minors' 'constructive Trust']

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Procedural Posture

Civil / Judgment Following Settlement Approval Application

Legal Issues

  1. 1 ['Whether the court should approve the release of rights to make a claim for provision out of the estate under s 95 of the Succession Act 2006 (NSW) for the defendants and minors.' 'Whether the settlement as it affects the minors should be approved under s 76 of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

Approving the releases and the settlement is appropriate because the terms were, at the time of agreement, financially advantageous, prudent, and fair and reasonable for all defendants—including the children—having regard to the financial risks, medical circumstances of the minors, independent advice received, and the certainty brought by the settlement; statutory criteria for approval under the Succession Act 2006 (NSW) and Civil Procedure Act 2005 (NSW) are satisfied.

Court Disposition

Approval of releases and settlement; orders as per negotiated Deed of Settlement and statutory approvals.

Orders

  • ['Exhibit SE3 to the affidavit of Sera Elmasri sworn 15 May 2020 to be placed in a sealed envelope and marked confidential.' 'Noah McIntyre and Grayson McIntyre be added as third and fourth defendants; dispensing with further requirements of the Rules.' 'First and second defendants release their rights to make a...