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  • Unreported Judgment

Re Lacey

 

[2003] QSC 131

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 170 of 2003

IN THE MATTER of the estates of ANDREW KEVIN JOHN LACEY (minor), KYLIE MAXINE LACEY (minor) and MICHAEL JUSTIN VENNIE LACEY (minor)

and

IN THE MATTER of an application by JOHN MICHAEL LACEY as litigation guardian for the said minors for sanction of the settlement of claims by the said minors for loss of dependency of their mother PATRICIA ELIZABETH LACEY (Deceased)

CAIRNS

DATE 14/04/2003

JUDGMENT

HIS HONOUR: On the 25th of March 2001 Patricia Elizabeth Lacey died from injuries which she sustained in a motor vehicle accident. She was a primary school teacher who applied her net income for the benefit of her family, which included her husband and her three children. She had the capacity also to earn income in other vocations.

The applicants, her three infant children, have benefited from the deceased's financial contribution to each of them, as well as from the care and services which she provided. The deceased's husband, and the three children, brought a claim for damages for the loss of this financial dependency and support. The apportionment between each of the infant applicants, and between them and their father, is outlined in the opinion prepared by Mr Houston of counsel.

On the material before me I am satisfied both as to that apportionment and as to the quantum of damages proposed for each of the infant children. The costs of administering the amount of the award by the Public Trustee is to be borne by the licensed insurer. I am prepared, therefore, to sanction the settlement, which will lead then to my making orders by consent, which are intended to be the final orders in the action.

I will direct, also, that the opinions of Mr Houston of counsel be placed in an envelope to be sealed and marked with the endorsement “Not to be opened except with the leave of the Court or a Judge”.

I make orders in terms of the draft initialled by me and placed with the papers, and the order that I have initialled, Mr Houston, is the one that you amended.

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Editorial Notes

  • Published Case Name:

    In the matter of the estates of Andrew Kevin John Lacey

  • Shortened Case Name:

    Re Lacey

  • MNC:

    [2003] QSC 131

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    14 Apr 2003

Litigation History

No Litigation History

Appeal Status

No Status