Fairhurst (bht NSW Trustee and Guardian) v Fairhurst [2012] NSWSC 388

Supreme Court New South Wales

Medium Neutral Citation: Fairhurst (bht NSW Trustee and Guardian) v Fairhurst [2012] NSWSC 388 Hearing dates: 20 April 2012 Decision date: 20 April 2012 Jurisdiction: Equity Division Before: Hallen AsJ Decision: Order that: (a) Pursuant to s 76 of the Civil Procedure Act 2005, the agreement between the parties set out in a Deed of Settlement between them, a copy of which is Annexure "A" to the affidavit of Christopher Matthew Zucker sworn 15 April 2012, be approved. (b) Pursuant to s 77 of the Civil Procedure Act 2005, the amount payable by the Defendant to the Plaintiff be paid to the NSW Trustee and Guardian. (c) The proceedings be adjourned to the Registrar's List at 9:00 a.m. on 28 May 2012 but if the amount to be paid is paid by the Defendant to the NSW Trustee and Guardian as required, there may be filed in the Registry Short Minutes an order dismissing the proceedings with no order as to costs and vacating the date to which the matter has been adjourned. Catchwords: Approval of proposed settlement of proceedings commenced by the Plaintiff, by his tutor, the NSW Trustee and Guardian - The Defendant, and a party to the proposed settlement, is the son of the Plaintiff Legislation Cited: Civil Procedure Act 2005 Felons (Civil Proceedings) Act 1981 NSW Trustee and Guardian Act 2009 Protected Estates Act 1983 Uniform Civil Procedure Rules 2005 Cases Cited: Darwalla Milling Co Pty Ltd v F Hoffman La Roche Ltd (No 2)) [2006] FCA 1388; (2006) 236 ALR 322 Elderfield (by her litigation guardian Visentin) v Transport Accident Commission (TAC) [2010] VSC 116 Fisher (by her tutor) Fisher v Marin [2008] NSWSC 1357 Ge, Yu v River Island Clothing Pty Ltd [2002] NSWSC 28; 2002) Aust Torts Reports 81-638 Permanent Trustee Co Ltd v Mills [2007] NSWSC 336; (2007) 71 NSWLR 1 Stephens-Sidebottom v State of Victoria (Department of Education and Early Childhood Development) [2011] FCA 893 Category: Principal judgment Parties: Ronald Fairhurst (by his tutor NSW Trustee and Guardian) (Plaintiff) Allan Fairhurst (Defendant) Representation: Solicitors: Zucker Legal (Plaintiff) Paladin Law (Defendant) File Number(s): 2011/220073