Colless v Cairns Concrete Formworking Pty Ltd [2006] QSC 123

[socfe] ©SC U3 State Reporting Bureau Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. Issued subject to correction upon revision. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Application No 607 of 2002 LUKE DOUGLAS COLLESS Applicant/Plaintiff and Defendants CAIRNS CONCRETE FORMWORKING PTY LTD and CAIRNS REGION GROUP APPRENTICES LIMITED CAIRNS . .DATE 28/04/2006 JUDGMENT WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings fc their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- 1 28042006 D.l T7/GRB M/T CNS1/2006 (Jones J) HIS HONOUR: This is an application for a protection order to be made pursuant to the relevant provisions of the Public Trustee Act 1978 and the Guardianship and Administration Act 2000 in respect of funds payable to the applicant. 10 The funds are the proceeds of a compromised claim for damages for a work-related injury sustained by the applicant. The applicant is now 24 years of age, having been born on 23rd of February 1982. 2 The compromise of his claim was reached at a compulsory conference held on 20 January 2006. The settlement amount was the sum of $550,000 together with any additional costs of administering those funds in the event that a protection order was made pursuant to this application. In that event the 30 agreed amount for the costs of administration of the estate is $146,369. The applicant has the necessary understanding and intellectual capacity to agree to the compromise and his legal 40 representatives have properly satisfied themselves on that point. They are supported in this assessment by the applicant's father. The legal representatives, however, raise the concern that 50 because of certain behavioural traits the applicant may not be able to manage the funds of such an amount. These concerns are echoed by the applicant's father, and have been the subject of consideration by Dr Wilfred Richards, a 2 JUDGMENT -- 2 of 3 -- 28042006 D.l T7/GRB M/T CNS1/2006 (Jones J) psychiatrist who has furnished a report dated the 1st of February 2006, Exhibit RNA1 to the affidavit of Mr Anderson. Dr Richards has expressed the opinion that the applicant suffers from poly-substance abuse and dependency, and has recently been hospitalised for a substance-induced psychiatric disorder . Dr Richards states that on psychiatric grounds he believes it would be prudent to apply for a protection order so that the applicant's capital could be managed on his behalf by a trustee. I accept that opinion, and I would therefore make the protection order as sought by the application. HIS HONOUR: In the matter of Colless and Cairns Concrete Formworking Pty Ltd and another I make orders in terms of the draft initialled by me and place with the papers. 3 JUDGMENT -- 3 of 3 --