Ramon Pratap by his tutor Katherine Pratap v Jesmardan Pty Ltd t/as McDonalds Restaurant Casula

The plaintiff, Ramon Pratap, a minor, through his tutor Katherine Pratap, brought proceedings against Jesmardan Pty Ltd t/as McDonalds Restaurant Casula. The proceedings arose from an incident in which the plaintiff suffered injuries, allegedly due to the defendant’s negligence. The parties engaged in a mediation, during which an agreement was purportedly reached. The dispute centred on whether a valid settlement had been reached and the manner in which costs were to be deducted from any settlement sum.

The court had to determine whether a valid settlement had been reached and whether the costs claimed by the plaintiff’s former solicitors were properly deducted from the settlement sum. This required the court to consider the evidence presented, particularly the assertions made by the plaintiff’s tutor that she had been misled about the amount of costs to be deducted. The court also had to decide whether the settlement, if any, was fair and just, considering the evidence provided.

The court found that there was a clear issue as to whether a settlement had been reached. The evidence was insufficient to determine whether the settlement was fair and just. The court was particularly influenced by the tutor's assertion that she had been misled regarding the costs to be deducted from the settlement sum. As a result, the court determined that the settlement could not be approved. The court ordered further management of the proceedings, including a referral for pro bono assistance to ensure the plaintiff was properly represented.

The court made orders for the proceedings to continue, including the appointment of a legal representative for the plaintiff and a referral to the pro bono assistance program to ensure the plaintiff’s interests were adequately protected. The court also ordered that the parties exchange full and frank disclosure of all documents relevant to the proceedings, to ensure transparency and fairness moving forward.