NSW Caselaw
New South Wales Supreme Court
CITATION : Permanent Trustee v Mills [2007] NSWSC 336
HEARING DATE(S) : 30 March & 5 April 2007
JUDGMENT DATE : 19 April 2007
JUDGMENT OF : Hammerschlag J
DECISION : Settlement approved
CATCHWORDS : PRACTICE AND PROCEDURE – Approval of settlement of proceedings involving defendants who are minors – Nature and ambit of Court's jurisdiction to approve such settlements – Lacuna in ss 75 and 76 of the Civil Procedure Act 2005 (NSW) – No indication that ss 75 and 76 were meant to interfere with Court's long-established supervisory jurisdiction – Settlement in interests of minors and accordingly approved
Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) Supreme Court Rules 1970 (NSW)
AMS v AIF (1999) 199 CLR 160 Dietz v Lennig Chemicals Ltd [1969] 1 AC 170 CASES CITED : Rhodes v Swithenbank (1889) 22 QBD 577 Re Birchall (1880) 16 Ch D 41 Davern v Messel (1984) 155 CLR 21 Re Ley's Trusts [1964] 1 WLR 640
PARTIES : Permanent Trustee Company Limited v Paul Michael Muir Mills & Ors
FILE NUMBER(S) : SC 02970/2006
J.E. Armfield (Plaintiff) COUNSEL : D.J. Russell SC (First Defendant) R.E. Quickenden (Second Defendant) P.H. Blackburn-Hart (Third, Fourth & Fifth Defendants)
Patterson Houen & Commins(Plaintiff) Thorntons Lawyers (First Defendant) SOLICITORS : Peter Cornock & Associates (Second Defendant) Stoyles & Stevens (Third, Fourth & Fifth Defendants) Simpson & Partners (Sixth & Seventh Defendants) Bradfield Anderson Solicitors(Eighth & Ninth Defendants)
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