Gordon Leslie Rowell as trustee of the Estate of Burnett Leslie Carlisle (deceased) and others v Michael Declan Heffernan and others [2013] NSWSC 404

Supreme Court New South Wales

Medium Neutral Citation: Gordon Leslie Rowell as trustee of the Estate of Burnett Leslie Carlisle (deceased) and others v Michael Declan Heffernan and others [2013] NSWSC 404 Hearing dates: 22 April 2013 Decision date: 22 April 2013 Jurisdiction: Equity Division Before: Sackar J Decision: The settlements recorded in the deeds of settlement dated 9 April 2013 and 16 April 2013 should be approved. Catchwords: PROCEDURE - compromise of proceedings - person under legal incapacity - approval of settlement by the court - whether proposed settlement is beneficial to the interests of the first defendant. Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Real Property Act 1900 Cases Cited: Permanent Trustee Company Ltd v Mills (2007) 71 NSWLR 1 Fisher v Martin [2008] NSWSC 1357 Fairhurst v Fairhurst [2012] NSWSC 388 Institoris v Falconer [2012] NSWCA 298 Category: Principal judgment Parties: Gordon Leslie Rowell as trustee of the Estate of Burnett Leslie Carlisle (deceased) (First Plaintiff) Gregory William Rowell as trustee of the Estate of Burnett Leslie Carlisle (deceased) (Second Plaintiff) Korburn Properties Pty Ltd (in liquidation) (ACN 001 818 379) (Third Plaintiff and Third Cross-Defendant to the Second Cross-Claim) Michael Declan Heffernan, by his tutor Peter Allan Rowlands Clinch (First Defendant and Cross-Defendant to the First Cross-Claim) Terry Panayi (Second Defendant and Second Cross-Defendant to the Second Cross-Claim) Peter Panayi (Third Defendant and First Cross-Defendant to the Second Cross-Claim) E Bruce Kennard & Co Pty Ltd (ACN 000 906 552) as trustee of the E Bruce Kennard & Company Pty Limited Superannuation Fund (Fourth Defendant and First Cross-Claimant) Commonwealth Bank of Australia (ABN 48 123 123 124) (Fifth Defendant and Second Cross-Claimant) Representation: Counsel: R Gration (Plaintiffs) I Rugless, solicitor (First Defendant) R W Evans (Second and Third Defendants) I Rugless, solicitor, mentions appearance (Fourth Defendant) A J McInerney SC (Fifth Defendant) Solicitors: Peter Kennedy Lawyers (Plaintiffs) Clinch Long Letherbarrow Lawyers (First Defendant and Cross-Defendant to the First Cross-Claim) McKells Solicitors (Second and Third Defendants) Hartmann & Associates Solicitors (Fourth Defendant and First Cross-Claimant) Gadens Lawyers (Fifth Defendant and Second Cross-Claimant) File Number(s): 2011/416692