WPM v Trustees of the Christian Brothers

The applicants, WPM and another, sought to set aside settlement agreements they had entered into in relation to child sexual abuse claims against the respondents, the Trustees of the Christian Brothers. The dispute was heard by the Supreme Court of Victoria. The applicants argued that it was just and reasonable to set aside the settlement agreements, seeking to allow them to commence an action for the child sexual abuse cause of action.

The central legal issue before the court was whether it was just and reasonable to permit the applicants to set aside the settlement agreements and to commence an action for the child sexual abuse cause of action. The court had to determine whether the circumstances of this case warranted such an outcome, considering the factors relevant to the exercise of this discretion.

The court held that the considerations relevant to the exercise of the discretion to set aside settlement agreements were not exhaustive and turned on the particular facts of each case. The court found that the applicants had not provided sufficient evidence to demonstrate that it was just and reasonable to set aside the settlement agreements. The court concluded that the applicants had not made out a case warranting the exercise of the discretion in their favour. Consequently, the application to set aside the settlement agreements was dismissed.

No further orders were made by the court.