Hills v State of Queensland

In the Supreme Court of Queensland, the plaintiff, Hills, initiated legal proceedings against the State of Queensland. The dispute centred on a correction to the judgment sum, as clerical errors in the initial judgment had resulted in an incorrect amount being awarded. Additionally, the plaintiff sought an order for the defendant to cover its costs on a standard basis, and the plaintiff also sought to appoint Perpetual Trustees Queensland Limited in place of the Public Trustee as a trustee. The legal issues before the court involved the correction of the judgment sum under the slip rule, the determination of costs, and the power to appoint a trustee under section 59 of the Public Trustee Act 1978 (Qld).

The court began by addressing the clerical errors in the judgment. It was clear that the errors had resulted in the judgment sum not being calculated according to the reasons provided in the reasons for judgment. The court found that the errors were clerical in nature, warranting a variation of the judgment under the slip rule. Consequently, the judgment sum was to be corrected to $5,502,793. Regarding the costs, the court considered the principle that costs generally follow the event and ordered the defendant to pay the plaintiff's costs on a standard basis. Lastly, the court examined the plaintiff's request to appoint Perpetual Trustees Queensland Limited instead of the Public Trustee. The court determined that there was no power under section 59 of the Public Trustee Act 1978 (Qld) to appoint anyone other than the Public Trustee as a trustee.

The court varied the judgment to correct the clerical errors, ordering judgment in the sum of $5,502,793. Additionally, the defendant was ordered to pay the plaintiff's costs on a standard basis. The request to appoint Perpetual Trustees Queensland Limited as a trustee was dismissed. The orders as per the amended draft were finalised by the court.