FARRELL -v- ALLREGAL ENTERPRISES PTY LTD [No 3] [2011] WASCA 247
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2011] WASCA 247 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:70/2008 | 21 OCTOBER 2011 | |
| Coram: | PULLIN JA | 11/11/11 | |
| 18 | Judgment Part: | 1 of 1 | |
| Result: | CACV 70 of 2008 - Application granted CACV 101 of 2008 - Application granted CACV 1 of 2009 - Application granted | ||
| B | |||
| PDF Version |
| Parties: | CAROL ELIZABETH FARRELL by next friend THE PUBLIC TRUSTEE ALLREGAL ENTERPRISES PTY LTD CARPAOLO NOMINEES PTY LTD ALLREGAL ENTERPRISES PTY LTD (Mortgagee in Possession: Perpetual Ltd) |
Catchwords: | Application to settle appeal under r 60 Supreme Court (Court of Appeal) Rules 2005 (WA) Whether settlement for the benefit of person under a disability Meaning of 'independent opinion' Application granted |
Legislation: | Supreme Court (Court of Appeal) Rules 2005 (WA), r 60 |
Case References: | Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 Doyle v The Commonwealth of Australia [1985] HCA 46; (1985) 156 CLR 510 Farrell v CSL Ltd [2004] VSC 308 Murphy v Doman [2003] NSWCA 249; (2003) 58 NSWLR 51 Sosa v Carter [1978] WAR 123 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Wood v The Public Trustee of Western Australia (1995) 16 WAR 58 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : FARRELL -v- ALLREGAL ENTERPRISES PTY LTD [No 3] [2011] WASCA 247 CORAM : PULLIN JA HEARD : 21 OCTOBER 2011 DELIVERED : 11 NOVEMBER 2011 FILE NO/S : CACV 70 of 2008 BETWEEN : CAROL ELIZABETH FARRELL by next friend THE PUBLIC TRUSTEE
- Appellant
AND
ALLREGAL ENTERPRISES PTY LTD
Respondent
- First Appellant
CAROL ELIZABETH FARRELL by next friend THE PUBLIC TRUSTEE
Second Appellant
AND
CARPAOLO NOMINEES PTY LTD
Respondent
(Page 2)
FILE NO/S : CACV 1 of 2009 BETWEEN : CAROL ELIZABETH FARRELL by next friend THE PUBLIC TRUSTEE
- Appellant
AND
ALLREGAL ENTERPRISES PTY LTD (Mortgagee in Possession: Perpetual Ltd)
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : MARTIN CJ
File No : CIV 1788 of 2008
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : MASTER SANDERSON
File No : CIV 2250 of 2007
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : MARTIN CJ
File No : CIV 2271 of 2008
Catchwords:
Application to settle appeal under r 60 Supreme Court (Court of Appeal) Rules 2005 (WA) - Whether settlement for the benefit of person under a disability - Meaning of 'independent opinion' - Application granted
(Page 3)
Legislation:
Supreme Court (Court of Appeal) Rules 2005 (WA), r 60
Result:
CACV 70 of 2008 - Application granted
CACV 101 of 2008 - Application granted
CACV 1 of 2009 - Application granted
Category: B
Representation:
CACV 70 of 2008
Counsel:
Appellant : Mr B W Ashdown
Respondent : No appearance
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- Case
- [2011] WASCA 247
- Decision Date
CaseChat Overview and Summary
The court had to determine if the settlement was genuinely for the benefit of the disabled person and whether the 'independent opinion' requirement was met as per the rules. The applicants presented evidence of the independent opinion they obtained, asserting that it supported the settlement's fairness. The court considered the legal standards and precedents governing settlements under disability and the interpretation of 'independent opinion'. It scrutinised the evidence provided by the applicants to ensure that the settlement aligned with the legal criteria and was in the best interest of the disabled individual.
The court concluded that the settlement was for the benefit of the disabled person and that the 'independent opinion' requirement was satisfied. It granted the applicants' requests to settle the appeal, affirming that the settlement met the legal standards set forth in the rules. The court's decision was based on the thorough examination of the evidence and the compliance with the necessary legal requirements. The final orders reflected the granting of the applications for the settlement to proceed under the specified conditions.
Orders
Orders of the court
CACV 70 of 2008 - Application granted
CACV 101 of 2008 - Application granted
CACV 1 of 2009 - Application granted
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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