Lafiatis BHT NSW Trustee & Guardian v Australian-Greek Investments Pty Ltd [2014] NSWSC 884

Supreme Court New South Wales

Medium Neutral Citation: Lafiatis BHT NSW Trustee & Guardian v Australian-Greek Investments Pty Ltd [2014] NSWSC 884 Hearing dates: 1 July 2014 Decision date: 01 July 2014 Jurisdiction: Common Law Before: Davies J Decision: Settlement approved as agreed between the parties in the following terms: 1. Order pursuant to Civil Procedure Act s 76 that the settlement of the litigation as provided in the Deed of Settlement and Release executed by the parties and dated 1 July 2014 is approved. 2. Order pursuant to Civil Procedure Act s 77 (3) that the amount payable to the Plaintiff in clause 3.1 of the Deed be paid to NSW Trustee and Guardian. 3. Order that all previous costs orders are vacated and any outstanding Notice of Motion is dismissed. 4. Grant leave to the Plaintiff to file a Notice of Discontinuance which provides that each party shall bear their own costs in the proceedings. Catchwords: PROCEDURE - approval of settlement of proceedings - plaintiff under a legal incapacity - whether settlement beneficial to the plaintiff - risks in the litigation - limited pool of funds to satisfy judgment - settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Fairhurst and Fairhurst [2012] NSWSC 388 Category: Interlocutory applications Parties: George Lafiatis by his tutor NSW Trustee and Guardian (Plaintiff) Australian-Greek Investments Pty Ltd (First Defendant) Lafiatis Investments Pty Ltd (Second Defendant) Representation: Counsel: C Zucker (Plaintiff) I Wallach (Defendants) Solicitors: Zucker Legal (Plaintiff) Bellissimo Lawyers (First and Second Defendants) File Number(s): 2013/61186