SUPREME COURT OF QUEENSLAND
CITATION:
Case & Anor v Eaton & Anor [2016] QSC 239
PARTIES:
CAMILLA LORINE CASE
(first applicant)
KRISTEENA LORINE HILL (BY HER LITIGATION GUARDIAN CAMILLA LORINE CASE)
(second applicant)
v
BRYAN ALLAN EATON(first respondent)
AAI LIMITED (ABN 48 005 297 807)
(second respondent)
FILE NO/S:
SC No 437 of 2016
DIVISION:
Trial
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Cairns
DELIVERED EX TEMPORE ON:
30 September 2016
DELIVERED AT:
Cairns
HEARING DATE:
30 September 2016
JUDGE:
Henry J
ORDER:
THE ORDER OF THE COURT IS THAT:
1. The compromise of this proceeding on the following terms be sanction pursuant to s 59(1) of the Public Trustee Act, 1978:
1.1. That the second respondent pay the second applicant damages in the sum of $261,309.00, being primary damages in the sum of $250,000.00, together with further damages in the sum of $11,309.00 for management fees (“the compromise sum”);
1.2. That the second respondent pay the second applicant her costs of and incidental to this proceeding, including the costs of this application, to be assessed on the standard basis (“the standard costs”).
2. The Public Trustee of Queensland (“the Trustee”) be appointed to receive, hold and manage the balance of the compromise sum after deduction of the amounts identified in paragraphs 6.1 of this Order on trust for the second applicant until she attains 18 years.
3. The Trustee be empowered to invest the balance of the compromise sum and any accretions in such investments as trustees are empowered to invest under the Trusts Act, 1973.
4. The Trustee apply such moneys for the maintenance, benefit and support of the second applicant.
5. Within seven (7) days of this Order, the second applicant’s solicitors serve a copy of it on the trustee.
6. Within twenty-eight (28) days of this Order or of the second respondent’s receipt of the last of any statutory clearances or charges in relation to the compromise sum (whichever is the later to occur), the second respondent pay the compromise sum as follows:
6.1. To any statutory body having a charge over the compromise sum, the amount necessary to satisfy the charge; and
6.2. To the Trustee, the balance; whose receipt shall, in each case, be a sufficient discharge for the second respondent.
7. No interest is to be payable by the second respondent in respect of the compromise sum if the payment in 6.2 is made within 28 days of the Second Respondent receiving the last of the notices from statutory bodies referred to in 6.1.
8. The second respondent pay the standard costs to the Trustee within twenty-one (21) days of their assessment or prior agreement between the second respondent and the Trustee as to their amount.
9. The second applicant’s costs of and incidental to this proceeding, including the costs of this application, be assessed on the indemnity basis (“the indemnity costs”).
10. The Trustee pay the indemnity costs to the second applicant’s solicitors from the moneys received under paragraph…
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- AGLC
- Case v Eaton [2016] QSC 239
- Case
- [2016] QSC 239
- Decision Date
CaseChat Overview and Summary
The court examined the principles of compensation in tort law and the circumstances surrounding the death of the second applicant's father. It considered the nature of the damages awarded and the role of fund management fees in the overall compensation. The court concluded that the fund management fees were properly considered as part of the damages resulting from the loss of dependency. Therefore, the second applicant is entitled to recover damages for management fees likely to be incurred in managing the amount otherwise paid to her as damages. The court also considered the appropriate amount of damages and the method of payment, including the role of the Public Trustee in managing the funds on trust for the second applicant.
The court sanctioned the terms of the settlement of the second applicant's claim for damages. The second respondent is to pay the second applicant the compromise sum of $261,309.00, which includes $250,000.00 in primary damages and $11,309.00 for management fees. The Public Trustee of Queensland is to be appointed to receive, hold, and manage the balance of the compromise sum after deduction of the amounts identified in paragraph 6.1 of the Order on trust for the second applicant until she attains 18 years. The second respondent is to pay the compromise sum within 28 days of receiving the last of the notices from statutory bodies referred to in paragraph 6.1 of the Order. The second respondent is also to pay the second applicant's costs of and incidental to this proceeding, including the costs of this application, on the standard basis. The second applicant's costs of and incidental to this proceeding, including the costs of this application, are to be assessed on the indemnity basis, with the Public Trustee paying these costs from the moneys received under paragraph 6 of the Order.
Orders
Orders of the court
THE ORDER OF THE COURT IS THAT:
1. The compromise of this proceeding on the following terms be sanction pursuant to s 59(1) of the Public Trustee Act, 1978:
1.1. That the second respondent pay the second applicant damages in the sum of $261,309.00, being primary damages in the sum of $250,000.00, together with further damages in the sum of $11,309.00 for management fees (“the compromise sum”);
1.2. That the second respondent pay the second applicant her costs of and incidental to this proceeding, including the costs of this application, to be assessed on the standard basis (“the standard costs”).
2. The Public Trustee of Queensland (“the Trustee”) be appointed to receive, hold and manage the balance of the compromise sum after deduction of the amounts identified in paragraphs 6.1 of this Order on trust for the second applicant until she attains 18 years.
3. The Trustee be empowered to invest the balance of the compromise sum and any accretions in such investments as trustees are empowered to invest under the Trusts Act, 1973.
4. The Trustee apply such moneys for the maintenance, benefit and support of the second applicant.
5. Within seven (7) days of this Order, the second applicant’s solicitors serve a copy of it on the trustee.
6. Within twenty-eight (28) days of this Order or of the second respondent’s receipt of the last of any statutory clearances or charges in relation to the compromise sum (whichever is the later to occur), the second respondent pay the compromise sum as follows:
6.1. To any statutory body having a charge over the compromise sum, the amount necessary to satisfy the charge; and
6.2. To the Trustee, the balance; whose receipt shall, in each case, be a sufficient discharge for the second respondent.
7. No interest is to be payable by the second respondent in respect of the compromise sum if the payment in 6.2 is made within 28 days of the Second Respondent receiving the last of the notices from statutory bodies referred to in 6.1.
8. The second respondent pay the standard costs to the Trustee within twenty-one (21) days of their assessment or prior agreement between the second respondent and the Trustee as to their amount.
9. The second applicant’s costs of and incidental to this proceeding, including the costs of this application, be assessed on the indemnity basis (“the indemnity costs”).
10. The Trustee pay the indemnity costs to the second applicant’s solicitors from the moneys received under paragraph 6 of this Order within twenty-one (21) days of their assessment or prior agreement between the second applicant’s solicitors and the Trustee as to their amount.
11. The Registrar of the Court place the opinion of Counsel read on this application in a sealed envelope marked “Not to be opened without an Order of the Court”.
12. Each of the parties, the Trustee and the applicant’s solicitors have liberty to apply in respect of these Orders.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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