Institoris by his next friend Maria Institoris v Falconer

Institoris by his next friend Maria Institoris (the plaintiff) brought proceedings against Falconer (the defendant) concerning injuries sustained in a motor vehicle accident. The matter came before Allsop P in the Supreme Court of New South Wales. The central issue on appeal concerned the quantum of damages awarded to the minor plaintiff, particularly in light of a settlement that had been reached. A key procedural aspect of the case involved the requirement for court approval of settlements involving minors.

The court was required to determine the appropriate quantum of damages to be awarded to the minor plaintiff, considering the settlement reached between the parties. Furthermore, the court had to address the procedural requirements for approving such a settlement, which necessitates court oversight to protect the interests of the minor.

Allsop P noted that the court's approval of a settlement involving a minor is a critical step, designed to ensure the adequacy of the settlement and the protection of the infant's rights. The court indicated that it would stand over the application for approval of the settlement. This decision was contingent upon the provision of an up-to-date notice of charge from Medicare, suggesting that outstanding financial matters related to medical expenses needed to be clarified before the court would grant its approval and make final orders.