Pauperis v Pauperis [2023] NSWSC 1136

Supreme Court New South Wales

Medium Neutral Citation: Pauperis v Pauperis [2023] NSWSC 1136 Hearing dates: 13 September 2023 Date of orders: 13 September 2023 Decision date: 19 September 2023 Jurisdiction: Equity - Duty List Before: McGrath J Decision: Approve proposed settlement in the Deed of Settlement and Release dated 12 September 2023 Catchwords: PRACTICE AND PROCEDURE – Civil Procedure Act 2005 (NSW), s 76(3) – application for approval of settlement of proceedings involving third defendant who is a person under legal incapacity – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Budini v Sunnyfield (No 3) [2021] FCA 1540 Fairhurst (bht NSW Trustee and Guardian) v Fairhurst [2012] NSWSC 388 Pauperis v Pauperis [2020] NSWSC 1470 Permanent Trustee Company Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 Category: Principal judgment Parties: Ralph Udo Pauperis (Plaintiff) Kurt Werner Pauperis (First Defendant) Judith Joy Elwing (Second Defendant) The Public Trustee of Queensland as manager of the estate of Kaspar Dale Pauperis (Third Defendant) NSW Trustee and Guardian (Fourth Defendant) Registrar General of NSW (Fifth Defendant) Representation: Counsel: N Allan (Plaintiff) B Connell (First and Second Defendants) FFF Salama with A Smyth (Third Defendant) Fourth Defendant – No Appearance Fifth Defendant – No Appearance