pseudonym) v Commonwealth

[2025] ACTSC 101

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Turner (a pseudonym) by his litigation guardian Turner (a pseudonym) v Commonwealth

Citation: 

[2025] ACTSC 101

Hearing Date: 

21 March 2025

Decision Date: 

21 March 2025

Before:

McCallum CJ

Decision: 

(1) The settlement of $69,500.00 (“the settlement sum”) exclusive of costs is approved pursuant to r 282 of the Court Procedures Rules 2006 (ACT).

(2) The respondent is to pay into Court the settlement sum within 28 days pursuant to s 25 of the Public Trustee and Guardian Act 1985 (ACT).

(3)  The respondent is to pay the applicant’s costs as agreed.

(4) Pursuant to r 1617 of the Court Procedures Rules 2006, I order that the amount paid into Court by the defendant be paid to the public trustee and guardian as contemplated by s 25(1)(b) of the Public Trustee and Guardian Act 1985.

Catchwords: 

CIVIL LAW – claims for damages and false imprisonment by the Australian Federal Police – where court approval is required for settlement involving a minor  

Legislation Cited: 

Court Procedures Rules 2006 (ACT) r 282

Parties: 

Marcus Turner (a pseudonym) (by his litigation guardian Kenny Turner (a pseudonym)) ( Plaintiff)

Commonwealth of Australia ( Defendant)

Representation: 

Counsel

K Ginges ( Plaintiff)

A Brett ( Defendant)

Solicitors

Hugo Law Group ( Plaintiff)

Ashurst ( Defendant)

File Number:

SC 142 of 2024

McCALLUM CJ:       

EX TEMPORE REASONS (REVISED)

1․Before the Court is an application for approval of a settlement reached between the plaintiff, Marcus Turner (a pseudonym), and the Commonwealth of Australia.  The proceedings arise from dealings between the plaintiff and members of the Australian Federal Police.  The plaintiff claims damages for false imprisonment and battery.  A compromise was reached previously and then, following the disclosure of further information by the Commonwealth, renegotiated resulting in an agreed settlement.  The settlement requires approval because the plaintiff is a minor.

2․Mr Ginges of counsel has provided a confidential advice in respect of the appropriateness of the settlement.  That advice has been marked as a confidential exhibit in the proceedings.  Having read that advice carefully, I am satisfied that the settlement is in the interests of the plaintiff.  Mr Ginges also informs me that he has personally conferred with the plaintiff and his litigation guardian, the palintiff’s father, and that each of them has expressed their contentedness with the settlement reached.

3․Separately, based on my own experience of proceedings of this kind and, in particular, the assessment of damages and the vagaries of litigation, I am satisfied that the settlement is one the Court can appropriately approve. 

4․The requirement for approval is contained in rule 282 of the Court Procedures Rules 2006 (ACT). There are several authorities dealing with the nature of that power. In short, it is to be exercised in accordance with the interests of justice. I am satisfied that it is in the interests of justice for the Court to give its approval to the settlement.

Orders

5․For those reasons I make the following orders:

(1)That the settlement of $69,500.00 (“the settlement sum”) exclusive of costs be approved pursuant to r 282 of the Court Procedures Rules 2006.

(2)That the respondent pay into Court the settlement sum within 28 days pursuant to s 25 of the Public Trustee and Guardian Act 1985 (ACT).

(3)That the respondent pay the applicant’s costs as agreed.

(4)Pursuant to r 1617 of the Court Procedures Rules 2006, I order that the amount paid into Court by the defendant be paid to the public trustee and guardian as contemplated by s 25(1)(b) of the Public Trustee and Guardian Act 1985.

I certify that the preceding five [5] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Chief Justice McCallum

Associate:

Date: