New South Wales Consolidated Acts

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CIVIL PROCEDURE ACT 2005 - SECT 75

Settlement of claim made on behalf of, or against, person under legal incapacity

75 Settlement of claim made on behalf of, or against, person under legal incapacity

(cf SCR Part 63, rule 13)

(1) This section applies to any claim, enforceable by proceedings in the court, that is made by or on behalf of, or against, a person under legal incapacity.
(2) If, before proceedings are commenced with respect to any such claim, an agreement for the compromise or settlement of the claim is made by or on behalf of the person under legal incapacity, the court may approve or disapprove the agreement.
(3) An agreement disapproved by the court does not bind the person under legal incapacity.
(4) An agreement approved by the court binds the person under legal incapacity as if he or she were of full capacity and (if it was made by some other person on his or her behalf) as if that other person had made the agreement as his or her agent.



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