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  • Unreported Judgment

Hatton v Westaway

 

[2004] QSC 468

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Claim No 504 of 2002

ELAINE JOAN HATTON

Plaintiff

and

 

LESLIE WESTAWAY AND MARGARET BEVERIDGE WESTAWAY

Defendants

CAIRNS

DATE 10/12/2004

JUDGMENT

HIS HONOUR: In this matter the first-named defendant Leslie Westaway - or more particularly the legal representatives on his behalf make application for the appointment of a litigation guardian pursuant to rule 95 of Uniform Civil Procedure Rules.

Mr Westaway in September of 2004 suffered a myocardial infarction which caused a cascading of other physical problems to be manifested. A report from Dr Michael Suthers annexed to his affidavit sworn on the 2nd of December 2004 gives details of these many physical problems and included amongst them is a condition in his brain which impairs his cognitive capacities. Based on the material set out in that report it is clear that the appointment of a litigation guardian is indicated.

The person proposed to fill that role is the son of the defendants, Mr John Westaway, who has indicated his preparedness to act in that capacity.

HIS HONOUR: I would make the following orders therefore:

(1)John Westaway be appointed as litigation guardian of the first-named defendant, Leslie Westaway;

(2)That the costs of and incidental to this application be costs of the cause.

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Editorial Notes

  • Published Case Name:

    Elaine Joan Hatton v Leslie Westaway and Margaret Beveridge Westaway

  • Shortened Case Name:

    Hatton v Westaway

  • MNC:

    [2004] QSC 468

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    10 Dec 2004

Litigation History

No Litigation History

Appeal Status

No Status