Isreal v Certain Underwriters at Lloyd’s [2020] NSWSC 1454

Supreme Court New South Wales

Medium Neutral Citation: Isreal v Certain Underwriters at Lloyd's [2020] NSWSC 1454 Hearing dates: 19 October 2020 Date of orders: 20 October 2020 Decision date: 20 October 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) In so far as these proceedings relate to the second, third and fourth plaintiffs, the settlement of these proceedings is approved. (2) In respect of the first plaintiff, orders in accordance with paragraphs 1, 2, 4, 5 (as amended) and 9 of the form of consent judgment signed and dated with today's date and to which the Court seal has been affixed and notes the agreements of the parties in paragraphs 3, 6, 7 and 10 and the undertaking of the first plaintiff in paragraph 8 of that form of consent judgment. (3) In respect of the second plaintiff, orders in accordance with paragraphs 1, 2, 4, 5 (as amended), 6 and 10 of the form of consent judgment signed and dated with today's date and to which the Court seal has been affixed and notes the agreements of the parties in paragraphs 3, 7, 8 and 11 and the undertaking of the second plaintiff in paragraph 9 of that form of consent judgment. (4) In respect of the third plaintiff, orders in accordance with paragraphs 1, 2, 4, 5 (as amended), 6 and 10 of the form of consent judgment signed and dated with today's date and to which the Court seal has been affixed and notes the agreements of the parties in paragraphs 3, 7, 8 and 11 and the undertaking of the third plaintiff in paragraph 9 of that form of consent judgment. (5) In respect of the fourth plaintiff, orders in accordance with paragraphs 1, 2, 4, 5 (as amended), 6 and 10 of the form of consent judgment signed and dated with today's date and to which the Court seal has been affixed and notes the agreements of the parties in paragraphs 3, 7, 8 and 11 and the undertaking of the fourth plaintiff in paragraph 9 of that form of consent judgment. Catchwords: CIVIL PROCEDURE – Proceedings brought by persons under legal incapacity – Settlement of proceedings – Court Approval – No points of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Bacon by his tutor Sarah Rea v Western New South Wales District Health Service [2018] NSWSC 1840 Permanent Trustee v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Category: Principal judgment Parties: Jacob Isreal (First Plaintiff) George Isaac by his tutor Jacob Isreal (Second Plaintiff) Isaac Isaac by his tutor Jacob Isreal (Third Plaintiff) Mary Isaac by her tutor Jacob Isreal (Fourth Plaintiff) Certain Underwriters at Lloyd's (Defendant) Representation: Counsel: K Andrews (First to Fourth Plaintiffs)