Yu Ge by her tutor Tao Ge v River Island Clothing Pty Ltd & Ors [2002] NSWSC 28

Yu Ge by her tutor Tao Ge v River Island Clothing Pty Ltd & Ors [2002] NSWSC 28

The Court declined to approve the settlement because, on the medical and other material, the plaintiff's damages if successful were likely to exceed $750,000 and the proposed total settlement of $540,000 fell well short of the range appropriate to her serious injuries. There was no issue as to liability, no persuasive disclosed material establishing a need for compromise, and the Court could not rely on a unified assessment by the plaintiff's legal advisers because senior and junior counsel considered the settlement inadequate while the solicitor supported it.

Jurisdiction
Australia
Judgment Date
06 February 2002
Procedural Posture
Common Law Action for Damages Involving an Infant Plaintiff / Application for Court Approval of Settlement Before Trial
Outcome
Settlement not approved.
Legal Topics
['infant Settlement' 'court Approval of Settlement' 'protective Jurisdiction' 'parens Patriae Analogy' 'evidence Required for Approval of Compromise']
['practice and Procedure' 'torts' 'damages'] ['infant Settlement' 'court Approval of Settlement' 'protective Jurisdiction' 'parens Patriae Analogy' 'evidence Required for Approval of Compromise']

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Procedural Posture

Common Law Action for Damages Involving an Infant Plaintiff / Application for Court Approval of Settlement Before Trial

Legal Issues

  1. 1 ["Whether the proposed settlement of an infant plaintiff's common law damages action should be approved by the Court." 'What test and evidentiary approach applies when the Court is asked to approve an infant settlement under the Damages (Infants and Persons of Unsound Mind) Act 1929.' 'Whether the proposed settlement amount of $540,000 was proper in the interests of the infant plaintiff given the injuries, medical evidence, prospects of damages and any asserted need for compromise.']

Ratio Decidendi

The Court declined to approve the settlement because, on the medical and other material, the plaintiff's damages if successful were likely to exceed $750,000 and the proposed total settlement of $540,000 fell well short of the range appropriate to her serious injuries. There was no issue as to liability, no persuasive disclosed material establishing a need for compromise, and the Court could not rely on a unified assessment by the plaintiff's legal advisers because senior and junior counsel considered the settlement inadequate while the solicitor supported it.

Court Disposition

Settlement not approved.

Orders

  • ['The settlement is not approved.' "Costs of the application are to be the plaintiff's costs in the action."]