Dresden (a pseudonym) v Ross bht Emanuel [2024] NSWSC 1012

Supreme Court New South Wales

Medium Neutral Citation: Dresden (a pseudonym) v Ross bht Emanuel [2024] NSWSC 1012 Hearing dates: 27 June 2024, 24 July 2024 Decision date: 14 August 2024 Jurisdiction: Common Law Before: Button J Decision: Settlement approved Catchwords: CIVIL PROCEDURE – application for approval of proposed settlement – child sexual assault – where tutor appears on behalf of defendant – where defendant pleaded guilty to and convicted of sexual offences committed against the plaintiff in 1997 – proceedings seeking damages for intentional torts commenced by plaintiff – settlement reached at mediation – liability not in issue as a practical matter – whether proposed settlement is beneficial to the interests of plaintiff – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW) s 76 Evidence Act 1995 (NSW) s 91 Category: Principal judgment Parties: Michael Dresden (Plaintiff) John Patrick Ross bht Kevin Emanuel (Defendant) Representation: Counsel: M Broom (Plaintiff) C Hickey (Defendant)

Solicitors: Wyatts Lawyers (Plaintiff) Fox & Staniland Lawyers (Defendant) File Number(s): 2023/237424

JUDGMENT

Introduction 1. This judgment resolves an application for approval of a settlement in proceedings in which a tutor has been appointed. The approval is sought pursuant to s 76 of the Civil Procedure Act 2005 (NSW). The simple test is whether I am satisfied that the settlement is in the best interests of the person under incapacity. 2. The unusual aspect of the matter, in my experience, is that the person under incapacity is not a child plaintiff, or a plaintiff who suffers from a cognitive impairment said to be a consequence of the alleged wrong done to them, but rather is the defendant.