Mace Central Pty Ltd v Franco [2022] NSWSC 1463

Mace Central Pty Ltd v Franco [2022] NSWSC 1463

The settlement is approved under s 76 of the Civil Procedure Act 2005 (NSW) as it is beneficial to and in the best interests of the first defendant, considering the risks of legal proceedings, financial position, and prospects of success.

Parties
Plaintiff: Mace Central Pty Ltd; First Defendant: Jose Manuel Franco; Second Defendant: Antonia Franco; Third Defendant: Franco's Smash Repairs Pty Ltd; Fourth Defendant: J.B Adam, D.R Baird, G Bonura, G Butterfield, P.J Crittenden, A.L Marsden, T.C Reeve, A.J Seton, J.R Thornton, B Wong & trading as Marsdens Law Group
Jurisdiction
Australia
Judgment Date
17 October 2022
Procedural Posture
Equity Duty List / Application for Approval of Settlement
Outcome
Settlement approved
Legal Topics
Court Approval of Settlement, Specific Performance, Fraudulent Misrepresentation, Unconscionable Conduct, Contracts Review Act, Australian Consumer Law
Civil Procedure Equity Contract Law Court Approval of Settlement Specific Performance Fraudulent Misrepresentation Unconscionable Conduct Contracts Review Act +1 more

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Parties

Mace Central Pty Ltd

Plaintiff

Jose Manuel Franco

First Defendant

Antonia Franco

Second Defendant

Franco's Smash Repairs Pty Ltd

Third Defendant

J.B Adam, D.R Baird, G Bonura, G Butterfield, P.J Crittenden, A.L Marsden, T.C Reeve, A.J Seton, J.R Thornton, B Wong & trading as Marsdens Law Group

Fourth Defendant

Procedural Posture

Equity Duty List / Application for Approval of Settlement

Legal Issues

  1. 1 Whether court approval should be granted for settlement involving a person under legal incapacity
  2. 2 Whether the settlement is beneficial to a disabled person under s 76 of the Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The settlement is approved under s 76 of the Civil Procedure Act 2005 (NSW) as it is beneficial to and in the best interests of the first defendant, considering the risks of legal proceedings, financial position, and prospects of success.

Court Disposition

Settlement approved

Orders

  • Order pursuant to s 76 of the Civil Procedure Act 2005 (NSW) approving settlement of the proceedings.
  • Monies recovered by the first defendant to be paid in accordance with the terms of the parties' confidential deed of release dated 5 October 2022.