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Edwards v Frain & Nominal Defendant [2002] QSC 409

Case law · Queensland · 2002
State Reporting Bureau good^50 40^ 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. __ ___ REVISED COPIES ISSUED Slate Reports! bureau lie UW « / SUPREME . COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Plaintiff First Defendant Second Defendant CAIRNS ..DATE 11/11/2002 JUDGMENT Claim No 48 of 1999 JAI EDWARDS and JASON DAVID FRAIN and THE 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 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 2 -- 11112002 D.l T2/AW M/T CNS1/2002 (Jones J) HIS HONOUR: This is the matter of Edwards versus Frain and The Nominal Defendant. The parties have reached agreement as to the amount of the judgment for damages which the plaintiff seeks. Mr Houston of counsel representing the plaintiff and Ms Rolls representing the defendants are prepared to consent to judgment in the terms which appear in the draft order. There is evidence, principally from Mr Robert Walkley, psychologist, that it would be in the interest of the plaintiff for the net proceeds of his personal injuries claim be administered on his behalf pursuant to the provisions of the Guardianship and Administration Act. The plaintiff consents to this course being taken and The Public Trustee who appears before me represented by Mr Davitt agrees to undertake the guardianship administration pursuant to the terms of that Act . It seems to me in those circumstances that it is appropriate to make orders which in the main are made by consent as they appear in the draft which I now initial and place with the papers. 2 JUDGMENT -- 2 of 2 --