DZY (a pseudonym) v Trustees of the Christian Brothers

Statutes – Construction – Where s 27QE of Limitation of Actions Act 1958 (Vic) provides court can set aside settlement agreement for personal injury resulting from child abuse if satisfied "just and reasonable" to do so – Where appellant entered into settlement agreements for personal injury allegedly resulting from child abuse – Where settlement agreements renounced claim for economic loss – Where reasons for settlement included Ellis defence and limitation period – Whether s 27QE requires Ellis defence or limitation period to have materially influenced decision to settle in order to be "just and reasonable" to set aside settlement agreement – Whether evidence allowed court to be satisfied "just and reasonable" to set aside renouncement of economic loss claim.

Words and phrases – "Centrelink benefits", "Centrelink repayment", "child abuse", "correctness standard", "decision to settle", "economic loss", "Ellis defence", "general damages", "just and reasonable", "legal barriers", "limitation defence", "limitation period", "material factors", "materially influenced", "non-economic loss", "personal injury", "personal injury resulting from child abuse", "positive finding", "prerequisites to the exercise of the power", "quasi-prerequisites to the exercise of the power", "set aside", "set aside a settlement agreement", "settlement agreement", "settlement deed".

Limitation of Actions Act 1958 (Vic) – ss 27QD, 27QE.