Gorban and Robyn Sonya Hyde

[2013] QDC 91

[2013] QDC 91

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 823 of 2013

MICHELLE PASILONG ELLECO GORBAN AND AUSTIN JAMES GORBAN	Applicants
and
ROBYN SONYA HYDE AND ALLIANZ AUSTRALIA INSURANCE LIMITED	Respondents

BRISBANE

..DATE 08/04/2013

ORDER

CATCHWORDS

Uniform Civil Procedure Rules - R98
HIS HONOUR:  This is a difficult sanction matter in a way.  The applicant/widow is also the litigation guardian for her now four-year-old son in this dependency claim.  She and the deceased appear to have taken it in turns to be the effective income earner. 

There's the common difficulty for the court to ensure that where the sum the respondents will pay is divided between an adult applicant and an applicant who is a minor, effectively, represented in the proceedings by an adult, that split up is appropriate.

I'm satisfied, having read the affidavit material and
Mr de Plater's advice, which is to be placed in a sealed envelope in accordance with the practice, that the unusual feature he mentioned of reimbursement of Ms Gorban for costs which she's incurred in raising the little boy is appropriate even though it will go to reduce the fund to be transmitted to the Public Trustee.

The Public Trustee has indicated contentment with the arrangements proposed and there is the quid pro quo in relation to costs which Mr de Plater mentions.

Order as per initialled draft.

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