Waverley Council v Bobolas [2010] NSWLEC 157

Waverley Council v Bobolas [2010] NSWLEC 157

The proceedings are adjourned to permit the parties to formalise an in principle settlement agreement and for the Court to determine whether to approve the settlement involving a respondent under legal incapacity pursuant to s 76 Civil Procedure Act 2005.

Jurisdiction
Australia
Judgment Date
18 August 2010
Procedural Posture
Class 4 Civil Enforcement Proceedings / Adjournment for Formalisation of Settlement and to Seek Court's Approval Under S 76 Civil Procedure Act 2005
Outcome
Proceedings adjourned to 31 August 2010; procedural orders made for affidavits and service; costs reserved.
Legal Topics
['adjournment of Proceedings' 'settlement Approval for Persons Under Legal Incapacity']
['practice and Procedure'] ['adjournment of Proceedings' 'settlement Approval for Persons Under Legal Incapacity']

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Adjournment for Formalisation of Settlement and to Seek Court's Approval Under S 76 Civil Procedure Act 2005

Legal Issues

  1. 1 ["Whether the Court's approval is required for a settlement involving a respondent under legal incapacity under s 76 Civil Procedure Act 2005" 'Procedural requirements for formalising and approving settlements']

Ratio Decidendi

The proceedings are adjourned to permit the parties to formalise an in principle settlement agreement and for the Court to determine whether to approve the settlement involving a respondent under legal incapacity pursuant to s 76 Civil Procedure Act 2005.

Court Disposition

Proceedings adjourned to 31 August 2010; procedural orders made for affidavits and service; costs reserved.

Orders

  • ["The proceedings are adjourned to 31 August 2010 for the purpose of determining whether the Court should approve a settlement between the applicant council and the NSW Trustee and Guardian as financial manager of the estate of the first respondent and for disposition of the council's notice of motion of 22 June...