Executors of the Estate of the Late Joan Beatrice Aubrey v Deepwater Retirement Village Pty Limited

The executors of the estate of the late Joan Beatrice Aubrey brought an action against Deepwater Retirement Village Pty Limited, seeking damages for breaches of contract and negligence. The dispute arose from the care provided to Ms Aubrey while she was a resident at the retirement village. The case was heard and determined in the Supreme Court of Queensland. The executors alleged that the defendant failed to provide adequate care, resulting in Ms Aubrey's death. They also claimed that the defendant's conduct amounted to a breach of contract.

The central legal issues that the court was required to decide related to the existence and breach of a contractual duty of care owed by the defendant to the deceased resident, as well as whether the defendant's conduct constituted negligence. The court also needed to determine the appropriate quantum of damages to be awarded to the executors. In considering these issues, the court examined the terms of the relevant contract, relevant statutory provisions, and case law.

In its judgment, the court found that the defendant owed a contractual duty of care to the deceased resident. The court determined that this duty was breached, and that the breach directly contributed to Ms Aubrey's death. The court also found that the defendant's conduct constituted negligence. Regarding damages, the court assessed the losses suffered by the estate due to the breach of contract and negligence and awarded the executors the sum of $23,042.80. The court further directed the parties to file written submissions regarding the applicant's claim for costs, with a decision on the costs to be made in chambers.