McKenzie v Turnbull [2019] NSWSC 364

Supreme Court New South Wales

Medium Neutral Citation: McKenzie v Turnbull [2019] NSWSC 364 Hearing dates: 20 March 2019 Decision date: 05 April 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) Settlement of the proceedings commenced by Alison Gai McKenzie, Alexandra Turner and Jack Turner approved pursuant to s 76 of the Civil Procedure Act 2005 (NSW).

(2) Pursuant to s 77(2) of the Civil Procedure Act 2005 (NSW) any settlement monies recovered on behalf of Alexandra Turner and Jack Turner in these proceedings, by their tutor Alison McKenzie, is paid into court pending the application of a financial manager.

(3) Upon such settlement monies being paid into Court, the parties have liberty to restore the matter to the list upon 3 days' notice. Catchwords: Civil procedure – approval of settlement of proceedings – proceedings brought on behalf of persons under legal incapacity – whether settlement beneficial to interests – Civil Procedure Act 2005 (NSW), s 76 Legislation Cited: Civil Procedure Act 2005 (NSW) Compensation to Relatives Act 1897 (NSW) Cases Cited: Permanent Trustee Co Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 R v Turnbull (No 26) [2016] NSWSC 847 Category: Principal judgment Parties: Alison McKenzie (First Plaintiff) Alison McKenzie as tutor for Alexandra Turner (Second Plaintiff) Alison McKenzie as tutor for Jack Turner (Third Plaintiff) Robeena Jane Turnbull and Grant Wesley Turnbull as Executors for the Estate of the Late Ian Robert Turnbull (Defendants) Representation: Counsel: E Romaniuk SC; L Judd (Plaintiffs) No appearance (Defendants)