ARTICLE · 02 FEBRUARY 2013

Tutors and Offers of Compromise

Curwoods Lawyers

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Where a plaintiff is under legal incapacity, a tutor can accept an offer of compromise and create a binding agreement.

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Belinda Wightley

Dewashish Adhikary

Azar v Kathirgamalingan [2012] NSWCA 429

Jurisdiction:

NSW Court of Appeal ¹

In Brief

In circumstances where a plaintiff is under legal incapacity, a tutor can accept an offer of compromise on the plaintiff's behalf and create a binding agreement.
The onus is on the rejecting party to provide evidence of why the offer was rejected before the Court will exercise its discretion not to award indemnity costs.

Background

Nayla Azar was involved in a motor vehicle accident on 20 August 2003 when Imaharan Kathirgamalingan collided with the rear of her vehicle. Breach of duty of care was admitted, but proceedings were commenced in the District Court of NSW because the plaintiff was a person under a legal incapacity having developed a significant psychological condition in the second half of 2003. Her son acted as her tutor.

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