Willett v Futcher

[2003] QSC 36

SUPREME COURT OF QUEENSLAND

CITATION:	Willett & Anor v Futcher [2003] QSC 036
PARTIES:	DEBORAH ANN WILLETT (first plaintiff) BELINDA ANN WILLETT (an infant by her Litigation Guardians DEBORAH ANN WILLETT and PATRICK WILLETT) (second plaintiff) DUDLEY D FUTCHER (defendant)
FILE NO/S:	SC No 4579 of 1980
DIVISION:	Trial Division
PROCEEDING:	Trial
ORIGINATING COURT:	Supreme Court Brisbane
DELIVERED ON:	25 February 2003
DELIVERED AT:	Brisbane
HEARING DATE:	11 February 2003
JUDGE:	White J
ORDER:	The defendant pay to the administrator of the second plaintiff’s trust fund the amount of $180,000 for the reasonable cost of managing the fund and the receipt of the administrator for that sum shall be sufficient discharge for the payment by the defendant
CATCHWORDS:	DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – brain-damaged plaintiff – cost of fund management as head of damages – whether investment advice component should be added to quantum of plaintiff’s award TORTS – NEGLIGENCE – DAMAGE - CAUSATION Guardianship and Administration Act 2000 ss 12, 15, 20, 47, 48, 245 Campbell v Nangle (1985-1986) 40 SASR 161 Government Insurance office of New South Wales v Rosniak (1992) 27 NSWLR 665 Harris v Commercial Minerals Limited (1996) 186 CLR 1 Insurance Corporation of British Columbia v Mandzuk [1988] 2 SCR 650; (1988) 53 DLR (4th) 606 Manser v Spry (1994) 181 CLR 428 MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 Mullins v Duck [1988] 2 Qd R 674 The Nominal Defendant v Gardikiotis (1995-1996) 186 CLR 49 Todorovic v Waller (1981) 150 CLR 402 Treonne Wholesale Meats Pty Ltd v Shaheen (1988) 12 NSWLR 522 Wills v Bell decision of Mullins J 14 December 2001 No. 715 of 1995 Wills v Bell decision of Court of Appeal 11 October 2002 [2002] QCA 419
COUNSEL:	Mr T Matthews and Mr P Matthews for the second plaintiff Mr D Fraser QC for the defendant Mr P McMurdo QC and Mr P Liddy for the Public Trustee Mr D C Rangiah for the Public Advocate
SOLICITORS:	Quinlan Miller & Treston for the second plaintiff McInnes Wilson for the defendant Official Solicitor to the Public Trustee for the Public Trustee Public Advocate for the Public Advocate

1. On 24 December 2002 Byrne J sanctioned a compromise of the second plaintiff’s action against the defendant.  She had sustained severe brain and other physical injuries as a result of a motor vehicle collision on 31 July 1979 when she was about 9 weeks old.  She is now aged 23.  Her parents are her litigation guardians and care for her in their home.

1. His Honour sanctioned the compromise of the second plaintiff’s claim by ordering that:

“The defendant pay to the second plaintiff … the sum of $3,850,000 (Three Million Eight Hundred and Fifty Thousand Dollars), together with the sum by way of damages in respect of reasonable management fees in respect of so much of the lastmentioned sum as shall be lodged as directed by the court with the Public Trustee of…