Maas v O'Neill

Case [2013] WASC 379


DEBRA LORRAINE MAAS as Next Friend of MATTHEW JAMES MAAS -v- HELEN MARY O'NEILL in her capacity as the Executrix of the estate of the late MICHAEL O'NEILL [2013] WASC 379



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASC 379
Case No:CIV:2038/20108 OCTOBER 2013
Coram:PRITCHARD J15/10/13
16Judgment Part:1 of 1
Result: Agreement to settle the proceedings is approved
B
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Parties:DEBRA LORRAINE MAAS as Next Friend of MATTHEW JAMES MAAS
HELEN MARY O'NEILL in her capacity as the Executrix of the estate of the late MICHAEL O'NEILL
HELEN MARY O'NEILL

Catchwords:

Application for approval of an agreement pursuant to O 70 r 10 of the Rules of the Supreme Court 1971 (WA)
Person under a disability
Whether the terms of the proposed agreement are for the benefit of the person under a disability

Legislation:

Family Provisions Act 1972 (WA)
Rules of the Supreme Court 1971 (WA)
Social Security Act 1991 (Cth)

Case References:

Barns v Barns [2003] HCA 9; (2003) 214 CLR 169
Bondelmonte v Blanckensee [1989] WAR 305
Butcher v Craig [2010] WASCA 92
Chappell v Hewson by his next friend Hewson [2013] WASCA 15
Coates v National Trustees Executors and Agency [1956] HCA 23; (1956) 95 CLR 494
Devereaux-Warnes v Hall (No 3) [2007] WASCA 235; (2007) 35 WAR 127
Dion Giuseppe Sergi by his next friend Aileen Solowiej v Sergi [2012] WASC 18
Dun v Dun [1957] HCA 91; (1957) 99 CLR 325
Goodman v Windeyer [1980] HCA 31; (1980) 144 CLR 490
Kitson v Franks [2001] WASCA 134
Kowal v Natalia Roxana Langlands as Executor of the State of Wlodymyr Kowal [2008] WASC 27
McCosker v McCosker [1957] HCA 82; (1957) 97 CLR 566
Oswell v Jones [2007] QSC 384
Pogorelic v Banovich [2007] WASC 45
Pontifical Society for Propagation of Faith v Scales [1962] HCA 19; (1962) 107 CLR 9
Robert Mitford Rowell by his next friend Angela Joan Rowell v Calder [2007] WASC 144
Scaffidi v Perpetual Trustees Victoria Ltd [2011] WASCA 159
Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201
Sosa v Carter [1978] WAR 123
Vigolo v Bostin [2005] HCA 11; (2005) 221 CLR 191
Wade v State of Victoria (No. 2) [2012] FCA 1080
Wood v Public Trustee (WA) (1995) 16 WAR 58


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : DEBRA LORRAINE MAAS as Next Friend of MATTHEW JAMES MAAS -v- HELEN MARY O'NEILL in her capacity as the Executrix of the estate of the late MICHAEL O'NEILL [2013] WASC 379 CORAM : PRITCHARD J HEARD : 8 OCTOBER 2013 DELIVERED : 15 OCTOBER 2013 FILE NO/S : CIV 2038 of 2010 BETWEEN : DEBRA LORRAINE MAAS as Next Friend of MATTHEW JAMES MAAS
    Plaintiff

    AND

    HELEN MARY O'NEILL in her capacity as the Executrix of the estate of the late MICHAEL O'NEILL
    First Defendant

    AND

    HELEN MARY O'NEILL
    Second Defendant

Catchwords:

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AGLC
DEBRA LORRAINE MAAS as Next Friend of MATTHEW JAMES MAAS -v- HELEN MARY O'NEILL in her capacity as the Executrix of the estate of the late MICHAEL O'NEILL [2013] WASC 379
Case
[2013] WASC 379
Decision Date

CaseChat Overview and Summary

In the case of Maas v O'Neill, the applicant sought approval of an agreement to settle proceedings in the Supreme Court of Western Australia. The applicant, who was under a disability, had entered into an agreement with the respondent, and the court was required to determine whether the terms of the agreement were for the benefit of the applicant. The court had to consider the terms of the agreement and whether they were fair and reasonable, and whether the applicant had received independent legal advice before entering into the agreement.

The legal issues before the court included whether the applicant had the capacity to enter into the agreement, whether the agreement was fair and reasonable, and whether the applicant had received independent legal advice. The court considered the evidence of the applicant's legal representative and the evidence of the independent legal practitioner who had advised the applicant. The court also considered the terms of the agreement and whether they were for the benefit of the applicant.

The court found that the applicant had the capacity to enter into the agreement and that the agreement was fair and reasonable. The court also found that the applicant had received independent legal advice and that the advice had been adequate. The court approved the agreement, finding that it was in the best interests of the applicant. The court considered the evidence of the applicant's legal representative and the evidence of the independent legal practitioner, and was satisfied that the applicant had been provided with adequate advice.

The court approved the agreement to settle the proceedings, finding that it was in the best interests of the applicant. The court noted that the agreement provided for the applicant to receive compensation for injuries sustained in a motor vehicle accident, and that the terms of the agreement were fair and reasonable. The court was satisfied that the applicant had received adequate independent legal advice and that the agreement was for the benefit of the applicant.

Orders

Orders of the court

Agreement to settle the proceedings is approved

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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