Serrao (by his tutor Serrao) v Cornelius

The appeal concerned a dispute between the plaintiff, a person under incapacity represented by his tutor, and the defendant, Cornelius. The case was heard in the Court of Appeal of New South Wales. The primary judge had made certain orders regarding damages, which were the subject of the appeal.

The legal issues before the Court of Appeal included whether the primary judge had erred in approving a compromise of a component of the plaintiff's damages, specifically that representing the costs of fund management. The court was also required to determine the appropriate quantum of damages to be awarded to the plaintiff, considering various payments and statutory deductions.

The Court of Appeal allowed the appeal on one ground, finding that the compromise of the fund management component of damages was not properly approved. The court reasoned that while the component was relatively small and supported by evidence, the process of compromise required careful scrutiny, particularly when dealing with a plaintiff under incapacity. The court then reassessed the total damages, taking into account payments made to Centrelink, Medicare, and the Office of the New South Wales Trustee & Guardian, and ordered restitution of a specific sum to the plaintiff.