Brame v Fischer & Ors [2004] QSC 350

State Reporting Bureau [^64] ©SC 35b 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 No 29 of 2001 LIAM SEAN BRAME-TERRY (an infant by his Plaintiff litigation guardian GILLIAN BRAME) and HENRY CHARLES FISCHER First Defendant and SUNCORP METWAY INSURANCE LIMITED Second Defendant (ACN 075 695 966) and NEIL IAN PESE Third Defendant and DOUGLAS SHIRE COUNCIL Fourth Defendant and DAINTREE FERRY PTY LTD (ACN 009 649 969) Fifth Defendant CAIRNS . .DATE 07/09/2004 JUDGMENT VARNiNG: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal ffence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for leir 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 h Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 REVISED COPIES ISSUED State Reporting Bureau Date: 20 September, 2004 -- 1 of 3 -- 1 HIS HONOUR: This is an application made by the litigation guardian of Liam Brame-Terry for the sanctioning of a proposed settlement of a claim for damages for loss of dependency arising from the death of his natural father on the 20th of November 1998. The plaintiff at that time was only one and 10 a-half years of age. The original claim included, as well as a claim for loss of dependency, one for damages for nervous shock. When this claim was investigated it was found to be of no substance and was unlikely therefore to sound damages. 20 The settlement is put forward on the basis that the plaintiff had a claim for loss of dependency from his father. Although the relationship was established there was no clear history of financial provision made by the deceased to the 30 plaintiff. There was infrequent contact and the plaintiff's mother did not pursue the deceased for child support. There were however occasional payments and acknowledgement on occasions such as birthdays and Christmas. 40 In addition to that the deceased did not have a history of significant earnings and there did not seem to be great prospects of any change in that situation in the future. As a consequence there were a number of difficulties in establishing what was the level of dependency, and also, 50 valuing the future dependency in those circumstances of some financial uncertainty. 07092004 D.l T8/AW M/T CNS1/2004 (Jones J) 2 JUDGMENT 60 -- 2 of 3 -- I have been assisted by the opinion of Mr A J Williams dated the 27th of July 2004 which was no doubt relied upon in arriving at the settlement figure. I am satisfied that the figures which have been referred to in that opinion would put the plaintiff's claim at the highest level, and the fact that settlement has been achieved at those amounts means that its acceptance is in the interest of the plaintiff. I am satisfied therefore that the proposed settlement should proceed as being in the interests of the plaintiff. The proposal is that The Public Trustee of Queensland will manage the fund and that the cost for so doing will be paid from the settlement sum. In those circumstances I make orders in terms of the draft initialled by me and placed with the papers. I direct that the opinion of Mr Williams be placed in a sealed envelope and marked, "Not to be opened except with the leave of the Court". 07092004 D.l T8/AW M/T CNS1/2004 (Jones J) 1 10 20 30 40 50 3 JUDGMENT 60 -- 3 of 3 --