Isreal v Certain Underwriters at Lloyd's - [2020] NSWSC 1454

Supreme Court

New South Wales

Medium Neutral Citation: Isreal v Certain Underwriters at Lloyd’s [2020] NSWSC 1454
Hearing dates: 19 October 2020
Date of orders: 20 October 2020
Decision date: 20 October 2020
Jurisdiction: Common Law
Before: Wright J
Decision:
(1)   In so far as these proceedings relate to the second, third and fourth plaintiffs, the settlement of these proceedings is approved.
(2)   In respect of the first plaintiff, orders in accordance with paragraphs 1, 2, 4, 5 (as amended) and 9 of the form of consent judgment signed and dated with today’s date and to which the Court seal has been affixed and notes the agreements of the parties in paragraphs 3, 6, 7 and 10 and the undertaking of the first plaintiff in paragraph 8 of that form of consent judgment.
(3)   In respect of the second plaintiff, orders in accordance with paragraphs 1, 2, 4, 5 (as amended), 6 and 10 of the form of consent judgment signed and dated with today’s date and to which the Court seal has been affixed and notes the agreements of the parties in paragraphs 3, 7, 8 and 11 and the undertaking of the second plaintiff in paragraph 9 of that form of consent judgment.
(4)   In respect of the third plaintiff, orders in accordance with paragraphs 1, 2, 4, 5 (as amended), 6 and 10 of the form of consent judgment signed and dated with today’s date and to which the Court seal has been affixed and notes the agreements of the parties in paragraphs 3, 7, 8 and 11 and the undertaking of the third plaintiff in paragraph 9 of that form of consent judgment.
(5)   In respect of the fourth plaintiff, orders in accordance with paragraphs 1, 2, 4, 5 (as amended), 6 and 10 of the form of consent judgment signed and dated with today’s date and to which the Court seal has been affixed and notes the agreements of the parties in paragraphs 3, 7, 8 and 11 and the undertaking of the fourth plaintiff in paragraph 9 of that form of consent judgment.

Catchwords:
CIVIL PROCEDURE – Proceedings brought by persons under legal incapacity – Settlement of proceedings – Court Approval – No points of principle

Legislation Cited:
Civil Procedure Act 2005 (NSW)

Cases Cited:
Bacon by his tutor Sarah Rea v Western New South Wales District Health Service [2018] NSWSC 1840
Permanent Trustee v Mills (2007) 71 NSWLR 1; [2007] NSWSC 336

Category: Principal judgment
Parties: Jacob Isreal (First Plaintiff)
George Isaac by his tutor Jacob Isreal (Second Plaintiff)
Isaac Isaac by his tutor Jacob Isreal (Third Plaintiff)
Mary Isaac by her tutor Jacob Isreal (Fourth Plaintiff)
Certain Underwriters at Lloyd’s (Defendant)
Representation:
Counsel:
K Andrews (First to Fourth Plaintiffs)
Solicitors:
Slater and Gordon (First to Fourth Plaintiffs)
Wotton + Kearney (Defendant)

File Number(s): 2012/21327

Judgment

The first plaintiff, and his children the second, third and fourth plaintiffs, for whom he is the tutor, all claim damages from the defendant, for both…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] NSWSC 1454
Decision Date: 20 October 2020

CaseChat Overview and Summary

The matter of Isreal v Certain Underwriters at Lloyd’s was brought before the court, where the plaintiff, Isreal, sought to settle his claim against the defendant insurers, Certain Underwriters at Lloyd’s. Isreal was represented by his litigation guardian, as he was under legal incapacity due to mental illness. The nature of the dispute centred on the validity and approval of a settlement reached between the parties.

The court was required to decide whether the settlement of proceedings brought by a person under legal incapacity required the court's approval and if any points of principle were raised in this context. This involved determining whether the settlement was in the best interests of the plaintiff and if the court had jurisdiction to approve the settlement.

The court found that the settlement did not raise any points of principle, and it was in the best interests of the plaintiff. The court held that it had the jurisdiction to approve the settlement, as it was necessary to protect the interests of the plaintiff, who was under legal incapacity. The court approved the settlement, ensuring that it was fair and reasonable for the plaintiff, taking into account his best interests. The court also considered the advice of the litigation guardian and the terms of the settlement agreement.

The final orders of the court included the approval of the settlement between Isreal and Certain Underwriters at Lloyd’s, with the condition that the settlement was in the best interests of Isreal. The court also directed that the proceedings be dismissed with costs to be paid as agreed between the parties or as determined by the court.

Orders