Taylor v Company Solutions (Aust) Pty Ltd

SUPREME COURT OF QUEENSLAND

CITATION:

Taylor v Company Solutions (Aust) Pty Ltd [2012] QSC 309

PARTIES:

DAVID JAMES TAYLOR, by his Litigation Guardian BELINDA LEE BURNS

(Plaintiff)
v      

COMPANY SOLUTIONS (AUST) PTY LTD
(ABN 24 121 070 924)

(First Defendant)
and
KALMAR EQUIPMENT (AUSTRALIA) PTY LTD
(ABN 64 078 885 613)
(Second Defendant)
and
PATRICK STEVEDORES OPERATIONS PTY LIMITED
(Third Defendant)

FILE NO/S:

12009 of 2010

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED ON:

10 October 2012

DELIVERED AT:

Brisbane

HEARING DATE:

3 May 2012

JUDGE:

Douglas J

ORDER:

Order in terms of paragraphs 1 and 2 of the draft order

CATCHWORDS:

PROCEDURE – JUDGMENTS AND ORDERS – INTEREST ON JUDGMENTS – TIME FROM WHICH INTEREST RUNS – where the action for damages for personal injuries was compromised – where the court’s sanction was required – where an order of the court was made requiring the defendants to pay the compromise sum within 21 days of the date of the hearing and determination of the application or of the defendants’ receipt of the last of any statutory clearances or charges in relation to the damages whichever was the later to occur – where there were delays in notification of the statutory charges referable to the claim – where the second defendant’s solicitors were notified of the last of the statutory charges referable to the claim on 19 January 2012 – where no agreement made in relation to interest between the parties – whether interest payable by the second and third defendants pursuant to s 48 of the Supreme Court Act 1995 (Qld)

Supreme Court Act1995 (Qld), s 48

Anthony v Tasmanian Alkaloids Pty Ltd [2005] TASSC 68, referred
Flinn v The Maryborough Sugar Factory Limited [2003] QDC 446, referred
Simmons v Colly Cotton Marketing Pty Limited [2007] NSWSC 1092, cited
Yun Hee Choi v City of Sydney Council [2007] NSWSC 65, referred

COUNSEL:

M Grant-Taylor SC for the applicants

A P J Collins for the second and third respondents

SOLICITORS:

Shine Lawyers for the applicants

Carter Newell Lawyers for the second respondent

Dibbs Barker for the third respondent

1. This action for damages for personal injuries was compromised but required the Court’s sanction because the plaintiff was a “person under a legal disability” within the meaning of s 59(1A) of the Public Trustee Act1978 (Qld). That sanction was given by me on 12 July 2011. Paragraph 7 of the order provided:

“Within twenty-one (21) days of the date of the hearing and determination of this application or of the defendants’ receipt of the last of any statutory clearances or charges in relation to the damages (whichever is the later to occur), the defendants pay the compromise sum as follows:

(a)To any statutory body having a charge over the compromise sum - the amount necessary to satisfy the charge, the receipt of the statutory body concerned to be a sufficient discharge to the defendants in respect thereof;

(b)To NAT - the balance, the receipt of NAT to…