Brownlie v Murray

In the Supreme Court of New South Wales, Harrison J considered an application to set aside a previous judgment concerning proceedings commenced on behalf of minors. The dispute involved the approval of a settlement in a matter where the plaintiff, acting on behalf of infant beneficiaries, sought to have a prior judgment altered and the terms of a settlement approved.

The central legal issues before the court were whether to set aside the existing judgment and, in its place, enter a new judgment reflecting an agreed settlement amount. Crucially, the court was required to determine whether to approve the proposed settlement pursuant to section 76(4) of the *Civil Procedure Act 2005* (NSW) and how the settlement monies apportioned to the minors should be managed and protected, in accordance with section 77(2) of the same Act.

Harrison J reasoned that the prior judgment was not reflective of the agreed settlement and that it was in the best interests of the infant beneficiaries to approve the revised terms. The court applied the principles of section 76(4) of the *Civil Procedure Act 2005* (NSW), which allows for court approval of settlements involving minors, and section 77(2), which mandates the payment of such funds into court for the protection of minors until they reach the age of majority, or as otherwise directed by the court.

Consequently, the court ordered that the previous judgment be set aside and replaced with a judgment for the plaintiff in the sum of $1,650,000 plus costs. The settlement was approved, with specific apportionments of $300,000 and $340,000 to two named minors. These sums were ordered to be paid into court for subsequent payment to the NSW Trustee & Guardian for the benefit of the minors until they attained the age of 18 years, subject to further court direction.