Anderson v Thomas & Anor [1990] QSC 206

10 !N THE SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION BEFORE MR. JUSTICE KNEIPP TOWNSVILLE, 14 JUNE 1990 No. 315 of 1984 (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of theChief Court Reporter.Court Reporting Bureau.) BETWEEN: GREG JAMIE ANDERSON {an infant by his next friend DAVID NICOL ANDERSON) Plaintiff -and- JULENE LYN THOMAS -and- FIRE AND ALL RISKS INSURANCE JUDGMENT Defendant Defendantby Election 10 20 30 30 50 60 HIS HONOUR: Well, at first blush I had some doubts about whether this amount was sufficient but having considered it and considered the uncertainties of litigation and the fact that it is the next friend, of course, who has to pursue the litigation if it is pursed, I am prepared in all of the circumstances to sanction a compromise on the basis of $270,000 damages. There is evidence before me which suggests that a protection order might be appropriate e~ther at the present time or at some time in the future. The payment will be to the Public Trustee in any event having regard to the fact that the plaintiff is still an infant. I will order payment to the Public Trustee on that basis, and I will request the Registrar to forward to the Public Trustee a copy of the l 40 50 6C -- 1 of 2 -- ... r' 10 20 30 40 so reports of Dr. Richards, Dr. Green, and Mr. Walkley, and of this judgment so that the Public Trustee may keep in mind the possible desirability in some future date of continuing his trusteeship on the basis of the making of a protection order. I sanction a compromise of the action on the basis that there be judgment for the plaintiff against the defendant by election for the sum of $270,000 with costs to be taxed. I give judgment for the plaintiff against the defendant by election for the sum of $270,000 with costs to be taxed. I order that payment of $22,000 by the defendant by election to David Nicol Anderson, the next friend of the plaintiff, in relation to past and future care of the plaintiff and in relation to payment of past and future costs, expenses and fees on behalf of the plaintiff be to that extent a good satisfaction of judgment debt. I orde~ that the balance of the judgment debt to be paid by the defendant by election to the Public Trustee of Queenslanc to be held by him in trust for the plaintiff until he attains the age of 18 years, unless any further relevant order in relation to trusteeship by the Public Trustee of Queensland is sooner made. I order that the plaintiff's costs be taxed as between party and party and as between solicitor and own client, and that the difference, if any, between those two sets of costs be paid by the Public Trustee of Queensland to the solicitors for the plaintiff. I order that the plaintiff and the nex~ f!"iend and de=e~dant by election and the Public Trustee of Queerrslar.i eac~ nave liberty to apply. __ .c..c6C~· --,------- 2 10 20 30 40 50 -- 2 of 2 --