CDJR2 v State of New South Wales [2023] NSWSC 120

Supreme Court New South Wales

Medium Neutral Citation: CDJR2 v State of New South Wales [2023] NSWSC 120 Hearing dates: 17 February 2023 Date of orders: 17 February 2023 Decision date: 17 February 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) I note that this matter has settled subject to approval in accordance with the terms of a consent judgment signed by the legal representatives of the parties. (2) I note that a deed of release was signed between the parties, which deed attached those consent orders. (3) I approve the settlement pursuant to s 76(4) of the Civil Procedure Act 2005 (NSW). (4) I make orders in accordance with paragraphs 1 to 10 inclusive of that consent judgment which, for identification, I will initial, date with today's date and place with the papers. (5) The defendant is to pay the sum of $250,000 to the plaintiff plus legal costs of $95,000 to Karp O'Neill Lawyers as per the terms of the deed and pursuant to s 77(3) of the Civil Procedure Act 2005 (NSW). Catchwords: CIVIL PROCEDURE – approval of settlement – institutional abuse – tutor – the tutor may have been appointed for more abundant caution – plaintiff capable of managing his own affairs – court approval Legislation Cited: Civil Procedure Act 2005 (NSW), s 77(3), s 76(4) Cases Cited: Walker v The Public Trustee [2001] NSWSC 1133 Category: Principal judgment Parties: CDJR2 (Plaintiff) State of New South Wales (Defendant) Representation: Solicitors: Karp O'Neill Lawyers (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2022/266085 Publication restriction: Nil