Ramon Pratap by his tutor Katherine Pratap v Jesmardan Pty Ltd t/as McDonalds Restaurant Casula [2020] NSWSC 1855

Supreme Court New South Wales

Medium Neutral Citation: Ramon Pratap by his tutor Katherine Pratap v Jesmardan Pty Ltd t/as McDonalds Restaurant Casula [2020] NSWSC 1855 Hearing dates: 17 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) I vacate the hearing date of 22 February 2021. (2) Pursuant to r 7.36(1) of the Uniform Civil Procedure Rules New South Wales 2005 (NSW), I am satisfied that it is in the interests of the administration of justice to refer the plaintiff to the Registrar, and I accordingly order that the plaintiff be referred to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance. (3) In carrying out the referral pursuant to order 2, I direct the Registrar to make a copy of these reasons available to any barrister or solicitor on the pro bono panel who indicates that he or she may be able to assist the plaintiff. (4) I direct the defendant to bring any application for declaratory relief by 1 February 2021. (5) I list the matter for further directions before me at 9.15am on 22 February 2021. Catchwords: PRACTICE AND PROCEDURE – Approval of settlement – Where proceedings purportedly settled at mediation – Where plaintiff's tutor self-represented – Where tutor asserted that she was misled at the mediation as to the amount of costs to be deducted from any settlement sum and paid to the plaintiff's former solicitors – Clear issue as to whether a settlement had been effected – Evidence otherwise insufficient to form a view as to whether the settlement was just or otherwise – Settlement not approved – Orders made for the further management of the proceedings including order for referral for pro bono assistance Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: Ramon Pratap by his tutor Katherine Pratap – Plaintiff