Brown v Gordon & Anor [1995] QSC 41

SC- qsf o-tl tate Reporting Bureau 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 DERRINGTON J No 1269 of 1992 DEAN STUART BROWN and ANDRE\tv GORDON and FAI GENERAL INSURANCE COMPANY LIMITED BRISBANE .. DATE 16/02/95 ORDER REVISED COP~ES ISSUED State Reporting Bureau Dat~f I j_ I o/S Plaintiff Defendant Defendant by Election 4th Floor, The Law Courts, GeorJ[e Street, Brisbane, 0. 4000 Televhone: mn 227 4.':tlin. Far<:.imil~>· tfl7l ??7 r;r;:t? -- 1 of 4 -- 09 os ov 0£ Ol 0~ 160295 hcl (Derrington J) MR HOARE: Perhaps it should be recorded that the amount of the settlement, wl1ich was $470,000, was arrived at on the basis that there would be a protection order. HIS HONOUR: I am prepared to make a protection order, and I do make a protection order in respect of the plaintiff's estate. The terms of it will be in accordance with the draft which you will no doubt supply to me after showing it to Mr Hoare. The protection order will be in those terms. HIS HONOUR: I deliver judgment for the plaintiff against the defendant in the surn of $470,000 together with costs, including reserved costs, if any, to be taxed. HIS HONOUR: Well, as the plaintiff appears here, has given evidence, and is represented by counsel who supports the application, in the circumstances I dispense with the giving of notice to the plaintiff. MR WILLIAMS: I understand, and I haven't read Your Honour~s recent decision, tl1at Your Honour took the view that you do not have a discretion with respect to releasing any sum from ORDER 2 -- 2 of 4 -- 09 os ov 08 00 160295 hcl (Derrington J) the award, such as past Griffiths v. Kerkemeyer damages. HIS HONOUR: In respect of Griffiths v. Kerkemeyer damages, it is my view that I don't because that is an amount that is payable to him for him. It is only a moral claim on his part to repay it to his pacents, but I can express the view, which might assist you, for the benefit of the Public Trustee, that in the circumstances such as l~ !:_is there is a moral obligation upon the plaintiff to make a suitable payment to his parents or relatives who might have provided him with sucker. MR WILLIAMS: [':lay \•Jcc: i. ne l ude .i. n the order an order that out-of-pocket expenses ir1 the sum of $509 be paid to the parents? HIS HONOUR: Yes because that is an effective debt. MR WILLIJ\MS: It is an actual expense. HIS I!ONOUR: I have rw difficuJ.l~y 1-1ith that. I take it you don't disagree with that? MR f-!OARE: No, I don't, Your Honour. MR WILLIAMS: We would also propose, if suitable to Your o~ Honour, to have the c18fenc1ant by election meet the statutory refund of repa ymen l~s and that saves some of the Public Trustee costs and charges. !I IS HONOUR: Do you l·Janl~ to clo l~hat? ORDER J -- 3 of 4 -- 09 os ov 0£ 02: 0~ 160295 hcl (Derrington J) MR HOARE: We certainly do, Your Honour. We are obliged -to under the Social Security Act. HIS HONOUR: \vell, I sancl~ion that to the extent that it is necessary, the payment by the defendant of any refunds that are required to be paid out of the damages before the balance is paid to the Public Trustee. ORDER -- 4 of 4 --