LISA KAYE O'DONOGHUE v JET FIGHTER FLIGHTS PTY LTD (IN LIQ) [2013] NSWSC 781

Supreme Court New South Wales

Medium Neutral Citation: LISA KAYE O'DONOGHUE v JET FIGHTER FLIGHTS PTY LTD (IN LIQ) [2013] NSWSC 781 Hearing dates: 7 June 2013 Decision date: 07 June 2013 Jurisdiction: Common Law Before: Slattery J Decision: Settlement of the proceedings and the proposed apportionment of the settlement sum approved. Catchwords: PROCEDURE - deceased killed in a recreational flight accident - wife commenced action under Compensation to Relatives Act 1897 s 6B on behalf of herself and her children - proceedings settled - Court asked to apportion the settlement sum - proposed apportionment below the amounts allocated to each child by expert actuaries - whether the reduction appropriate - the wife already paid substantial costs of the inquest into the accident - the wife already paid expenses for the children's education and advancement in life - the children and the wife agree to the proposed apportionment - the children informed that they can receive independent legal advice and declined to do so - wife's position as a fiduciary for the children discussed - HELD: settlement sum apportioned in accordance with the proposal. PROCEDURE - action commenced on behalf of a person under legal incapacity - person ceased to be under legal incapacity - proceedings settled - Court approval of the settlement required under Civil Procedure Act 2005 s 76 - HELD: settlement approved. Legislation Cited: Civil Procedure Act 2005 s 76 Compensation to Relatives Act 1897 s 6B Cases Cited: Elliott v The Public Trustee, Supreme Court of NSW, Court of Appeal (Unreported), 9 November 1981 Erwin v Shannon's Brick, Tile and Pottery Co. Limited (1938) 38 SR (NSW) 555 Haigh v State Government Insurance Office (Queensland) [1962] Qd R 534 Pobezin v Insurance Commissioner of the State Motor Car Insurance Office (1969) VR 682 Category: Separate question Parties: Lisa Kaye O'Donoghue Plaintiff Jet Fighter Flights Pty Ltd (in liq) (First Defendant) Aerospace Services Group Pty Ltd (Second Defendant) Civil Aviation Safety Authority (Third Defendant) Representation: Counsel: D. Kelly (Plaintiff) I. Harvey (Defendant) Solicitors: File Number(s): 2008/00289574; 2008/00289589