Herbert by her tutor Meehan v Tamworth City Council [2015] NSWSC 103

Herbert by her tutor Meehan v Tamworth City Council [2015] NSWSC 103

Given the risks of ongoing litigation, including the real possibility that the evidence may not support the plaintiff’s entire case for damages, the substantial nature of the proposed settlement, and the plaintiff’s best interests under legal incapacity, the settlement should be approved.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 February 2015
Procedural Posture
Application for Approval of Settlement of Personal Injury Proceedings / Application for Court Approval of Proposed Settlement for a Person Under Legal Incapacity
Outcome
Settlement approved. Judgment for the plaintiff as per terms of consent judgment.
Legal Topics
['approval of Settlement' 'person Under Legal Incapacity' 'damages Assessment' 'protective Jurisdiction']
['practice and Procedure' 'personal Injury'] ['approval of Settlement' 'person Under Legal Incapacity' 'damages Assessment' 'protective Jurisdiction']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Approval of Settlement of Personal Injury Proceedings / Application for Court Approval of Proposed Settlement for a Person Under Legal Incapacity

Legal Issues

  1. 1 ['Whether the proposed settlement is in the interests of the plaintiff under legal incapacity']

Ratio Decidendi

Given the risks of ongoing litigation, including the real possibility that the evidence may not support the plaintiff’s entire case for damages, the substantial nature of the proposed settlement, and the plaintiff’s best interests under legal incapacity, the settlement should be approved.

Court Disposition

Settlement approved. Judgment for the plaintiff as per terms of consent judgment.

Orders

  • ['Judgment for the Plaintiff against the Defendant in the sum referred to in the consent judgment as term 1.' "The Defendant to pay the Plaintiff's costs as agreed or assessed." 'The Defendant is authorised to deduct from the judgment sum, monies already paid to other parties as referred to in the consent judgment.'...