Singh (by her next friend Singh) v Calvary Hospital ACT Inc (No 2)

In Singh (by her next friend Singh) v Calvary Hospital ACT Inc (No 2), the parties involved were the infant plaintiff, represented by her next friend, and the defendant hospital. The dispute centred around the management and distribution of a damages award received by the plaintiff, who was incapable due to severe injuries sustained from a medical mishap. The case was heard in the ACT Supreme Court, where the plaintiff sought to address issues surrounding the administration of her estate through a trust.

The primary legal issues revolved around the appropriate mechanism for managing the plaintiff's estate, particularly the appointment of a trustee to oversee the distribution of the damages awarded. Questions included whether a private trustee or the Public Trustee should be appointed, given the parens patriae jurisdiction of the court, and what conditions should be imposed on any trustee appointed. Additionally, the court had to consider whether family members were suitable candidates for trusteeship and how to amend the trust deed to safeguard the estate.

The court ruled that, given the complexities and the need to protect the plaintiff's interests, a private trustee should be appointed to manage the estate. The decision emphasised the importance of ensuring that any trustee was independent and free from conflicts of interest. The court also set specific conditions for the trustee's appointment, including the requirement for regular reporting to the court and the need for the trust deed to be amended to reflect these conditions. Ultimately, the court's decision aimed to balance the need for effective estate management with the protection of the plaintiff's interests.

The final orders included the appointment of a private trustee, subject to the court-imposed conditions, and the amendment of the trust deed to incorporate these safeguards. The court retained jurisdiction to oversee the trustee's actions and to make further orders as necessary to ensure the proper administration of the estate.