Cox v Nominal Defendant [2005] QSC 107

State Reporting Bureau [zoa^ Q^C icr- 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. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 22 April, 2005 y Applicant Respondent CAIRNS .. DATE 20/04/2005 JUDGMENT Application No 145 of 2005 AMIE COX and NOMINAL DEFENDANT 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 for :heir protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those :ategories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 2 -- 1 20042005 D.l Tl/AS M/T CNS1/2005 (Jones J) HIS HONOUR: This matter is Cox versus the nominal defendant. The applicant is the plaintiff in District Court action number 102 of 1986. She seeks the removal of that action to the Supreme Court pursuant to section 82 of District Court Act. 10 The plaintiff was injured in a motor vehicle accident on 6 May 1984. She was then five months old and in the District Court action, sued by her next friend. She is now of full age and adopts the action in her own name. 20 In the incident the applicant suffered head injuries. Various medical examinations in recent times have disclosed that the consequence of these injuries include her being afflicted with reduced cognitive capacity, leading to poor learning ability; lack of independence in daily living and an inability to 30 control her own finances. The most recent statement of loss and damage contends for an award in excess of $3 million. The defendant's consent to the claim being moved into this Court and given these circumstances, it is obvious that that is the proper course. 40 I will make orders by consent in terms of the draft initialled by me and placed with the papers. 50 2 JUDGMENT 60 -- 2 of 2 --