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Abuse: Application to set aside agreement (WA).

By Bill Madden on December 6, 2023
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 PDL -v- XYZ (a pseudonym) [2023] WADC 96 (on JADE)

This matter concerned an application to set aside settlement agreement and for leave to commence an action for child sexual abuse cause of action and whether it was ‘just and reasonable to do so.

The Court was satisfied that it is just and reasonable for leave to be granted and for an order to be made setting aside the 1996 agreement.  However the Court also stated that it was a condition of the leave granted that such leave is not to be a bar to the respondent making an application for orders in the action pursuant to the reserve powers of the court referred to in s 6A of the Limitation Act 2005.

[BillMaddensWordpress #2207]

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    Bill Madden
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