Young v Low and QBE Insurance (Australia) Ltd

In the case of Young v Low and QBE Insurance (Australia) Ltd, the plaintiff, Ms Young, commenced proceedings against Ms Low, the driver of the other vehicle involved in a traffic accident, and QBE Insurance, Ms Low's insurer, seeking damages for injuries sustained. The defendants admitted negligence but disputed the extent of the injuries and damages claimed. The proceeding was active until Ms Young's solicitors withdrew, after which Ms Young represented herself. Despite several attempts to contact Ms Young and set trial dates, she did not participate in the proceedings. Her affairs were subsequently brought before the Queensland Civil and Administrative Tribunal, which appointed the Public Trustee of Queensland as her administrator for the purpose of managing the proceeding. The Public Trustee declined to accept an appointment as Ms Young's litigation guardian. The court was required to determine whether the trial should be adjourned, whether the proceeding should be referred to the Attorney-General, and whether the costs should be reserved.

The court found that Ms Young's lack of active participation in the proceeding and her apparent incapacity to manage her own affairs necessitated the adjournment of the trial. The court also concluded that the Public Trustee's refusal to act as litigation guardian indicated a need for further intervention. Given these circumstances, the court referred the matter to the Attorney-General for consideration of appropriate action. The court also ordered mediation and reserved the costs pending further developments.

The court's decision was based on Ms Young's evident incapacity to manage her litigation, as evidenced by her failure to participate in the proceeding and the tribunal's appointment of the Public Trustee. The adjournment of the trial was necessary to allow for a resolution of these issues. The referral to the Attorney-General was made to ensure that Ms Young's interests were properly protected. The costs were reserved pending further instructions from the Attorney-General or any other party appointed to manage Ms Young's affairs.

The court made the following orders: the trial was adjourned, an order for mediation was issued, the proceeding was referred to the Attorney-General, and the costs were reserved.