NSW Caselaw
New South Wales Supreme Court
CITATION : Porter v Le [2010] NSWSC 998
HEARING DATE(S) : 28 June 2010 and 2 September 2010
JUDGMENT DATE : 8 September 2010
JUDGMENT OF : Harrison J
1. Subject to the provision of evidence that she has no interest in the proceedings adverse to the interests of Mr Porter, the person under legal incapacity, I appoint Barbara Mottershead as his tutor in these proceedings. 2. Grant leave to the plaintiff to file an amended statement of claim to give effect to or to reflect order (1). DECISION : 3. Vacate the order made by me on 28 June 2010 staying the proceedings. 4. Decline to approve the settlement. 5. Stand the proceedings over to the Registrar's list on a date suitable to the parties to be arranged in consultation with my Associate. 6. Make no order as to the costs of the application for approval.
CATCHWORDS : COMPROMISE – disable person - application by tutor for approval of settlement – removal of tutor with interest adverse to disable person – appointment of new tutor – settlement not in best interests of disable person – approval withheld.
LEGISLATION CITED : Uniform Civil Procedure Rules Civil Procedure Act 2005
CATEGORY : Procedural and other rulings
PARTIES : Arthur George Porter by his tutor Helen Faye Porter (Plaintiff) Phong Le (Defendant)
FILE NUMBER(S) : SC 2007/265150
COUNSEL : D E Graham (Plaintiff) J M Morris with F Maghami (Defendant)
SOLICITORS : Carroll & O'Dea (Plaintiff) Norton Rose (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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