NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Westpac Banking Corporation v Chamaty [2019] NSWSC 1365 Hearing dates: 8 October 2019 Date of orders: 08 October 2019 Decision date: 08 October 2019 Jurisdiction: Common Law Before: Ierace J Decision: 1. Order pursuant to r 7.18 of the Uniform Civil Procedure Rules 2005 (NSW) that Lilianne Abdallah be removed as tutor of Domenic Jack Chamaty and that Steven Chamaty be appointed in her place.
2. Order pursuant to s 76 of the Civil Procedure Act 2005 (NSW) approving nunc pro tunc the entry of the Variation Deed between the plaintiff and the defendant in the form which appears at Annexure F of the Affidavit of Giuseppe Russo sworn 16 August 2019. Catchwords: CIVIL PROCEDURE – approval of settlement – by consent – whether the Court is satisfied that the settlement is beneficial to the person under legal incapacity – settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW), s 76 Uniform Civil Procedure Rules 2005, r 7.18 Cases Cited: Permanent Trustee Company Ltd v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336 P Y v R J S [1982] 2 NSWLR 700 Category: Procedural and other rulings Parties: Westpac Banking Corporation (Plaintiff) Domenic Chamaty bht Lilianne Abdallah (Defendant) Representation: Counsel: D Elliott (Plaintiff) S Chehade (Solicitor) (Defendant)
Solicitors: Minter Ellison (Plaintiff) Causidicus Legal (Defendant) File Number(s): 2008/16295
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