Mallett v Borchardt & Allianz Australia Insurance Ltd

[2006] QDC 23

[2006] QDC 023

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No BD3264 of 2005

IVY MYRTLE HASSALL BY HER LITIGATION GUARDIAN, SHIRLEY MALLETT

Applicant

and

WAYNE BORCHARDT

and

ALLIANZ AUSTRALIA INSURANCE LIMITED ABN 15 000 122 850

First Respondent

Second Respondent

BRISBANE

..DATE 03/02/2006

ORDER

CATCHWORDS: Uniform Civil Procedure Rules, rule 98(2) - no need for separate confirmation of appropriateness of settlement of an infant's claim by litigation guardian and solicitors where the underlying settlement had already been sanctioned by the court, leaving for later determination the amount to be added for costs of administration of the fund.

HIS HONOUR:  This is an application "on the papers" for the purposes of completing the process of sanctioning a settlement of the infant plaintiff's proceeding which was substantially achieved by her Honour, Judge Ryrie's order of the 17th of September 2005. 

That left outstanding determination of the amount of administration fees which the second defendant has to pay pursuant to the overall settlement in respect of management of the considerable principal settlement sum which her Honour sanctioned.  The parties have now agreed that the appropriate amount is $22,263.14, also that in respect of the costs of this particular application the second defendant should pay the plaintiff's solicitors the sum of $500. 

There is not before the Court with this application the customary material under Rule 98(2) whereby the litigation guardian and/or the plaintiff's solicitor confirm that what the Court's asked to approve is seen as in the plaintiff's interest. Presumably those matters were covered before her Honour. It is clear that they have been considered carefully by the plaintiff's solicitor who has provided an affidavit. There is no reason for the Court to be concerned that the plaintiff's interests might be inappropriately prejudiced.

The Court makes an order in terms of the initialled draft which provides the Court's sanction as contemplated by her Honour in respect of the administration fees.  It requires the second defendant to pay the amount within 21 days, which creates no difficulty since the second defendant is the applicant.  Provision is also made for the payment of $500 and liberty to apply to all parties including the Public Trustee of Queensland.

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