Courtney & Ors v Walz Construction Co Pty Ltd [1994] QSC 285

se ~4(d-85 State 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 DEMACK J No 86 of 1992 NOELENE COURTNEY and TINA MAREE COURTNEY and NICOLA SUE COURTNEY (an infant suing by her next friend NOELENE COURTNEY) and ARTHUR COURTNEY (an infant suing by his next friend NOELENE COURTNEY) and WALZ CONSTRUCTION CO PTY LTD ROCKHAMPTON .. DATE 07/09/94 1 REVISED COPIES ISSUED State Reporting Bureau Date 7 I First flaintiff Second Plaintiff Third Plaintiff Fourth Plaint~ff Defendant 4111 I·1oor, J'/JL' l.a11 Courts, Gcor~c Street, /Jri~;b:lllt', Q. 4000 Tt:lcplwnc: (07) 227 4360. J.:Jcsimile: (07) 227 5532 -- 1 of 2 -- 070994 (Demack J) HIS HONOUR: This is an application brought on behalf of the fourth plaintiff for the sanctioning of a proposed compromise of his claim. The fourth plaintiff is the son of the deceased man and at the time of his father's death he was a little over 13 years of age. There is no suggestion that Arthur would have gone on to any tertiary study, so that the period of dependency is fairly limited to 18 years of age. The value of the dependency is estimated at about $100 a week which seems to be within the capacity of the deceased man. Over a period then of about five years the sum of $37,500 is a reasonable compromise of the fourth plaintiff's claim. I am satisfied then that orders should be made in terms of the draft that has been prepared. The order will be in terms of the draft, initialled by me and placed with the papers. In respect of the actions of the first, second and third plaintiffs, I order by consent that their actions be adjourned to the settlement list and further by consent that the defe..Ddant pay ·the costs of the t'irst, second and third~ plaintiffs of and incidental to the action to be taxed. ORDER 2 -- 2 of 2 --