CIVIL PROCEDURE — proceedings commenced by tutor on behalf of person under legal incapacity — application for approval of proposed settlement — whether proposed settlement beneficial to plaintiff’s interests — settlement approved
Quick Take
1Under s 76(4) of the Civil Procedure Act 2005 (NSW), the court must be satisfied that a proposed settlement is beneficial to the interests of the person under legal incapacity, having regard to litigation risk, the desirability of early finality, and avoidance of further distress.
2A settlement that secures ongoing income exceeding the incapacitated person's care costs, with provision for periodic review and a shortfall guarantee, may be more beneficial than the relief originally sought in the proceedings.
3The tutor's consent and the opinion of the incapacitated person's lawyers that the settlement is beneficial are relevant considerations but not determinative.
