Eames v Bull & Ors [2001] QSC 280

State Reporting Bureau ~ .-, ( "Queensland Governmen1 ··"--- · 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 Claim No 91 of 2001 CHRISTOPHER DANE EAMES by his litigation guardian GARY VINCENT EAMES and GORDON ROBERT BULL and MARGARET FORD and MOTOR ACCIDENTS INSURANCE BOARD OF TASMANIA CAIRNS .. DATE 13/07/2001 JUDGMENT AND ORDER 1 Applicant/Plaintiff Respondent/First Defendant Respondent/Second Defendant Respondent/Third Defendant 4Tl1 Floo1, Tl1e Laoo Coa1ls Co111plex, Oeo1ge Ob eel, D1isba11e Q. 4808. Telepl1011e. (87) 3247 4908. Facsi111ile. (8?) 9247 5592 -- 1 of 4 -- 13072001 Tl/CH M/T CNSl/2001 (Jones J) HIS HONOUR: The plaintiff was born on 10 April 1982, and is therefore now 19 years of age. On 20 August 1996 he was injured when struck by a motor vehicle on the Captain Cook Highway at Smithfield, Cairns. He has instituted proceedings for damages for negligence in respect of that incident. The defendant licensed insurer has proposed a payment of $420,000 to compromise the action. This amount takes into account an allowance for contributory negligence by the plaintiff. Acting on the advice of their lawyers, both the plaintiff and his father, acting as next friend, find this figure acceptable. As a result of the collision, the plaintiff suffered a fractured pelvis and a closed head injury with brain damage, and some other minor injuries. The plaintiff was treated initially at the Cairns Base Hospital where he was admitted with a Glasgow Coma Scale assessment of four. He was then transferred to the Royal Brisbane Hospital for further treatment, and then to the Princess Alexandra Hospital for rehabilitation. The residual effects on him relate almost exclusively to his head injury. This injury has resulted in a loss of intellectual performance and change in personality which, in the opinion of Dr Guazzo, neurosurgeon, will extremely limit his future prospects within society, socially and within the 10 20 work environment. Dr Guazzo has assessed this loss at 35 per 30 cent of the whole person. 2 JUDGMENT AND ORDER -- 2 of 4 -- 13072001 Tl/CH M/T CNSl/2001 (Jones J) The plaintiff has undergone a number of assessments by psychologists, psychiatrists and other health professionals. The plaintiff is probably commercially unemployable and is in need of daily care. This care to date has been provided by a very supportive and caring family. His care will continue in this way for the foreseeable future, but allowance has to be made for care after his parents are unable to carry out this task. 10 The opinions of the health professionals and the consequences they attest to have been summarised by Mr Philp of counsel in three separate opinions dated respectively 17 October 1997, 28 March 2000 and 11 June 2001. I am satisfied that proper regard has been given to all the plaintiff's claimed allowances and that the amount of the proposed settlement is proper in the circumstances, and his acceptance of the settlement is in his interests. I will 20 therefore sanction the settlement in the terms proposed. The plaintiff's condition makes necessary the appointment of an administrator for his financial matters. Initially, it was proposed that this task should fall to the plaintiff's father on his own. Following discussions with counsel, it seems to me more appropriate to have an independent person to guide the proper investment of the plaintiff's funds and to ensure that professional advice is readily available so that the income from the fund and its disposition will be for the long term 30 benefit of the plaintiff. 3 JUDGMENT AND ORDER -- 3 of 4 -- 13072001 Tl/CH M/T CNSl/2001 (Jones J) To this end, a further administrator has been proposed in the personage of Douglas Hunter Spencer, who is an accountant in professional practice at Cairns. Mr Spencer has consented to undertake this role. The appointment of Mr Spencer and Mr Gary Vincent Eames, as joint administrators pursuant to the Guardianship and Administration Act 2000, seems to me to be appropriate in all 10 the circumstances. All these matters are embodied in the terms of a draft order which has been presented to me. That order includes particularly a review of the appointment of administrators in 12 months' time. The solicitors for the defendant have consented to the parts of the order which are relevant to their interests. I make orders in terms of the draft initialled by me and placed with the papers. I direct that the opinions of Mr Philp of counsel be placed in a sealed envelope marked "Not to be opened except with the consent of a Court or a Judge." 4 JUDGMENT AND ORDER 20 -- 4 of 4 --