New South Wales Consolidated Regulations

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Compromises in certain Supreme Court proceedings

20.31 Compromises in certain Supreme Court proceedings

(cf SCR Part 8, rule 14)

(1) This rule applies to proceedings in the Supreme Court concerning--
(a) the administration of a deceased person's estate, or
(b) property the subject of a trust, or
(c) the construction of an Act, instrument or other document,
involving any matter in which one or more persons have the same interest or liability.
(2) The court may approve a compromise--
(a) that one party has assented to, or
(b) that the court has sanctioned on behalf of one party,
being in either case a compromise that affects other persons (not being parties) having the same interest or liability, but only if the court is satisfied that the compromise will be to the benefit of those other persons.
(3) A compromise referred to in subrule (2) binds the absent persons unless the court's approval of the compromise has been obtained by fraud or non-disclosure of material facts.

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