NSW Caselaw
Reported Decision : (2002) Aust Torts Reports 81-638
New South Wales Supreme Court
CITATION : Yu Ge by her tutor Tao Ge v River Island Clothing Pty Ltd & Ors [2002] NSWSC 28 FILE NUMBER(S) : SC 12210/01 HEARING DATE(S) : 10/01/02;01/02/02 JUDGMENT DATE : 6 February 2002
PARTIES : Yu Ge by her tutor Tao Ge v River Island Clothing Pty Ltd & Ors JUDGMENT OF : O'Keefe J
COUNSEL : Mr G M Meadows - Plaintiff Mr John Graves SC/Mr Hurney (Sol) - 1D and 2D SOLICITORS : Bailey Meadows, Sydney - Plaintiff McMahons National Lawyers, Sydney - Defendants CATCHWORDS : Practice and procedure - Settlement - Infant settlement - Common Law action - Approval of Court - Parens patriae jurisdiction analogy - Test to be applied - Role of counsel and solicitor - Evidence required - Judge who declines settlement should not hear action Damages (Infants and Persons of Unsound Mind) Act 1929 LEGISLATION CITED : District Courts Act 1973 (s 145) Supreme Court Rules (Pt 63 r 11) Ex parte Prentice: Re Hornby and Ors (1969) 90 WN (Pt 1) (NSW) 427 MAW v Western Sydney Area Health service (1999) 49 NSWLR 231 at 238 CASES CITED : Northridge v Central Area Health Service (2000) 50 NSWLR 549 at 553 Re Birchall : Wilson v Birchall (1880) 16 Ch.D 41 McLellan v Phelps and Anor (1967) 86 WN (Pt 1) (NSW) 87 Beavan v Pengelley (1967) 86 WN (Pt 1 (NSW) at 90-91) DECISION : Settlement not approved; Costs of the application to be plaintiff's costs in the action.
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION O'Keefe J 6 February 2002 12210/01 - Yu Ge by her Tutor Tao Ge v River Island Clothing Pty Ltd & Ors.
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