Ward v HCoA Operations (Australia) Pty Ltd)

SUPREME COURT OF QUEENSLAND

CITATION:

Ward & Ors v HCOA Operations (Australia) Pty Ltd) & Anor [2013] QSC 92

PARTIES:

STEVEN JOHN WARD
(first plaintiff)
SIMONE WARD
(second plaintiff)
ZAC WARD
(third plaintiff)
v
ROBERT JAMES WATSON
(first defendant)
HCOA OPERATIONS (AUSTRALIA) PTY LTD, TRADING AS NORTH WEST BRISBANE PRIVATE HOSPITAL
(second defendant)

FILE NO/S:

SC No 4772 of 2007

DIVISION:

Trial Division

PROCEEDING:

Application

DELIVERED EX TEMPORE ON:

26 March 2013

DELIVERED AT:

Brisbane

HEARING DATE:

26 March 2013

JUDGE:

Chief Justice

ORDERS:

1. Declaration sought by second defendant refused.

2. Applications filed 15 February 2013 (by first defendant) and 19 February 2013 (by second defendant) dismissed.

3. Costs to be assessed, as necessary, on the standard basis.

CATCHWORDS:

PROCEDURE – JUDGMENTS AND ORDERS – INTEREST ON JUDGMENTS – TIME FROM WHICH INTEREST RUNS – the court sanctioned the settlement of an infant’s damages claim – a court order was made, requiring the defendants to pay the compromise sum within 21 days of the order, or within 21 days of the defendants’ receipt of the last of any statutory clearances or charges in relation to the damages, whichever was the later to occur – the compromise sum was not paid immediately but was paid within the timeframe required by the order – the parties did not exclude an entitlement to interest in the settlement agreement – the third plaintiff sought interest from the date of the order until payment of the compromise sum occurred – whether the sanction order was a “money order” within the meaning of the Civil Proceedings Act 2011 – whether interest was payable by the second defendant pursuant to s 59 of the Civil Proceedings Act 2011

Civil Proceedings Act 2011 (Qld), s59, s 108
Supreme Court Act 1995 (Qld), s 48

Fowler v Gray [1982] Qd R 334, cited
Lawes v The Nominal Defendant [2007] QSC 103, cited
Taylor v Company Solutions Australia Pty Ltd [2012] QSC 309, considered

COUNSEL:

No appearance for the first or second plaintiffs
M Grant-Taylor for the third plaintiff
EW Diehm for the first and second defendants

SOLICITORS:

No appearance for the first or second plaintiffs
Shine Lawyers for the third plaintiff
K&L Gates for the first defendant
Minter Ellison for the second defendant

1. CHIEF JUSTICE: On the 8th of April 2011 I sanctioned a settlement of an infant's damages claim. I did so under s 59(1) of the Public Trustee Act 1978. The sanctioned settlement obliged the second defendant to pay to the third plaintiff $6.44 million for damages, including management fees, and in addition the plaintiffs' costs of the proceeding.

1. Clause 6 of the order then provided:

"Within 21 days of this order or of the defendant's receipt of the last of any statutory clearances or charges in relation to the compromised sum, whichever is the later to occur, the defendant pay the compromised sum as follows:

(a)         To any statutory body having a charge over the compromised sum the amount necessary to satisfy the…