DUNNE v OWENS [1988] NSWCA 38

DUNNE v OWENS [1988] NSWCA 38

The settlement of an infant's personal injury claim should be approved where the amount is reasonable, the injured minor and next friend desire settlement, liability is not in issue, and the unpredictable nature of damages and appellant’s wish make the compromise appropriate.

Parties
Appellant: Paul John Dunne; Tutor for Appellant: John Joseph Dunne; Respondent: Owens; Respondent: Nominal Defendant
Jurisdiction
Australia
Judgment Date
17 October 1988
Procedural Posture
Appeal / Application to Approve Settlement
Outcome
Settlement approved
Legal Topics
Settlement Approval, Damages Assessment, Loss of Economic Capacity
Torts Personal Injury Infants Law Settlement Approval Damages Assessment Loss of Economic Capacity

Case Brief

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Parties

Paul John Dunne

Appellant

John Joseph Dunne

Tutor for Appellant

Owens

Respondent

Nominal Defendant

Respondent

Procedural Posture

Appeal / Application to Approve Settlement

Legal Issues

  1. 1 Whether the proposed settlement for an injured infant should be approved
  2. 2 Whether the award for loss of economic capacity should be disturbed on appeal

Ratio Decidendi

The settlement of an infant's personal injury claim should be approved where the amount is reasonable, the injured minor and next friend desire settlement, liability is not in issue, and the unpredictable nature of damages and appellant’s wish make the compromise appropriate.

Court Disposition

Settlement approved

Orders

  • Orders made by consent in accordance with the short minutes of order signed by counsel for both parties.