New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 77

77 Payment of money recovered on behalf of person under legal incapacity

(cf Act No 25 1929, section 4)

(1) This section applies to money recovered in any proceedings on behalf of any of the following persons--

(a) a person under legal incapacity,

(b) a person who, during the course of the proceedings, becomes a person under legal incapacity,

(c) a person whom the court has found, under section 76 (1) (c), to be incapable of managing his or her own affairs,

pursuant to a compromise, settlement, judgment or order in any proceedings.

(2) All money recovered on behalf of a person referred to in subsection (1) is to be paid into court.

(3) Despite subsection (2), the court may order that the whole or any part of such money not be paid into court but be paid instead to such person as the court may direct, including--

(a) if the person is a minor, to the NSW Trustee and Guardian, or

(b) if the person is a protected person, to the manager of the protected person's estate.

(4) Money paid into court under subsection (2) is to be paid to such person as the court may direct, including--

(a) if the person is a minor, to the NSW Trustee and Guardian, or

(b) if the person is a protected person, to the manager of the protected person's estate.