Brejwo v Public Trustee

The appeal concerned the interpretation of a court order made under the *Damages (Infants and Persons of Unsound Mind) Act* directing the Public Trustee to make payments from a settlement sum to the respondent, Ms. Brejwo, who was described as a "deemed worker" under the *Workers Compensation Act*. The appellant, the Public Trustee, sought to characterise the relationship between Ms. Brejwo and the deceased, Mr. Brejwo, as a commercial one, thereby arguing that the payments were not for her maintenance and support. Ms. Brejwo contended that the payments were intended to provide for her maintenance and support, reflecting an equitable personal obligation arising from the court order.

The central legal issue before the Court of Appeal was whether the payments directed by the court order were to be characterised as a personal equitable obligation owed by the deceased to Ms. Brejwo, or whether they were a debt arising from a commercial relationship. This distinction was crucial for determining whether the Public Trustee was bound to continue making the payments from the settlement fund. The court had to consider the nature of the court order itself and the circumstances under which it was made, particularly in light of the familial context and Ms. Brejwo's status as a "deemed worker".

The Court of Appeal reasoned that the court order, made in equity, imposed a personal obligation on the deceased to ensure payments were made to Ms. Brejwo for her maintenance and support. This obligation was not merely a commercial debt but an equitable one, reflecting the court's concern for Ms. Brejwo's welfare. The court found that the Public Trustee, as the administrator of the settlement fund, was bound by this equitable obligation. The familial situation and the "deemed worker" status were significant factors in understanding the intent and purpose of the original court order.

The appeal was dismissed, and the Public Trustee was ordered to pay the costs of the appeal.