Hendi v Commonwealth of Australia (No 3) [2018] NSWSC 1846

Supreme Court New South Wales

Medium Neutral Citation: Hendi v Commonwealth of Australia (No 3) [2018] NSWSC 1846 Hearing dates: 3 December 2018 Decision date: 03 December 2018 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [36] Catchwords: CIVIL PROCEDURE – claim by minor – settlement – court approval – claim in negligence against Commonwealth for time in detention centres – substantial issues of breach and causation – settlement in interests of minors – settlements approved Legislation Cited: Civil Procedure Act 2005 (NSW), ss 76, 77 Migration Act 1958 (Cth), s 189 Uniform Civil Procedure Rules 2005 (NSW), r 42.34 Cases Cited: Gates v City Mutual Life Assurance Society Limited (1986) 160 CLR 1; [1986] HCA 3 Category: Principal judgment Parties: Asrin Hendi by her Tutor Hamed Hendi (2014/68193)(Plaintiff) Amir Hendi by his Tutor Hamed Hendi (2014/68203) (Plaintiff) Nasrin Ghasemi (2014/68216) (Plaintiff) Hamed Hendi (2014/68211) (Plaintiff) Commonwealth of Australia (Defendant) Serco Australia Pty Limited (First Cross-Defendant) International Health and Medical Services Pty Limited (Second Cross-Defendant) Representation: Counsel: R Royle (Plaintiffs) R Williams QC (Defendant) C Gill, solicitor (First Cross-Defendant) S Bainat, solicitor (Second Cross-Defendant)

Solicitors: Shine Lawyers (Plaintiffs) Australian Government Solicitor (Defendant) HWL Ebsworth Lawyers (First Cross-Defendant) Moray & Agnew Lawyers (Second Cross-Defendant) File Number(s): 2014/68203; 2014/68211; 2014/68216; 2014/68193 Publication restriction: None