Tanner v Buddco Pty Limited (No 2) [2022] NSWSC 1585

Tanner v Buddco Pty Limited (No 2) [2022] NSWSC 1585

The settlement, including the apportionment of damages and appointment of Mrs Tanner as trustee for the funds to her sons, is in the best interests of the minors and should be approved by the Court in accordance with the parties' agreed orders.

Parties
First Plaintiff: Rachel Louise Tanner; Second Plaintiff: Harper Craig Tanner by his tutor Rachel Louise Tanner; Third Plaintiff: Oliver Brian Tanner; Fourth Plaintiff: Flynn Anthony Tanner; First Defendant: Buddco Pty Ltd; Second Defendant: DIC Australia Pty Limited
Jurisdiction
Australia
Judgment Date
10 November 2022
Procedural Posture
Representative Proceeding / Settlement Approval Hearing
Outcome
Settlement approved; orders as per signed short minutes; judgment for defendants; cross-claims dismissed; no order as to costs
Legal Topics
Representative Proceedings, Settlement Approval, Damages for Nervous Shock, Damages Under Compensation to Relatives Act
Civil Procedure Compensation Law Representative Proceedings Settlement Approval Damages for Nervous Shock Damages Under Compensation to Relatives Act

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Parties

Rachel Louise Tanner

First Plaintiff

Harper Craig Tanner by his tutor Rachel Louise Tanner

Second Plaintiff

Oliver Brian Tanner

Third Plaintiff

Flynn Anthony Tanner

Fourth Plaintiff

Buddco Pty Ltd

First Defendant

DIC Australia Pty Limited

Second Defendant

Procedural Posture

Representative Proceeding / Settlement Approval Hearing

Legal Issues

  1. 1 Is the settlement in the best interests of the minor plaintiffs?
  2. 2 Is the apportionment of damages appropriate?
  3. 3 Should Mrs Tanner be appointed as trustee of the funds for her sons?

Ratio Decidendi

The settlement, including the apportionment of damages and appointment of Mrs Tanner as trustee for the funds to her sons, is in the best interests of the minors and should be approved by the Court in accordance with the parties' agreed orders.

Court Disposition

Settlement approved; orders as per signed short minutes; judgment for defendants; cross-claims dismissed; no order as to costs

Orders

  • Orders as per signed short minutes entered forthwith
  • Judgment for each defendant