Maggs v RACQ Insurance Limited

In the matter of Maggs v RACQ Insurance Limited, the applicant, a child born on 4 September 2011, brought a claim for damages following the death of her parents in a vehicle accident on 8 December 2012. The claim is based on s 64 of the Civil Proceedings Act 2011 (Qld) (CPA), which entitles the applicant to recover damages proportional to the damage to her resulting from the death of her parents. The applicant seeks to have fund management fees, which will be incurred in the administration of the settlement funds placed in trust, included as part of the damages award.

The central issue before the court was whether the applicant is entitled to receive, as part of any damages award, a component by way of fund management fees. The applicant argued that the loss of financial support, domestic services, and parental services and assistance are recoverable and those costs ought to include the inevitable costs of the administration of any damages fund. The respondent, however, contended that the CPA and the Public Trustee Act 1978 (Qld) (PTA) do not allow for the recovery of fund management fees as damages in a statutory claim.

The court considered the statutory framework provided by the CPA and the PTA, as well as common law principles regarding the recoverable heads of damages. The court found that while the applicant's argument had some merit, the statutory framework did not allow for the recovery of fund management fees as damages in this case. The court held that the applicant is not entitled to receive a component by way of fund management fees as part of the damages award.

The parties were directed to prepare Minutes of Orders in accordance with the reasons provided by the court.