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Parties applied to sanction compromise of second plaintiff's action against defendant for severe brain injury as a result of motor vehicle collision; compromise sanctioned; defendant to pay second plaintiff sum of $3,850,000 plus an amount in damages reflecting reasonable management fees to be determined: Byrne J
Primary Judgment
[2003] QSC 36
25 Feb 2003
Second plaintiff claimed sum of $713,052 damages as "reasonable management fees"; whether cost of obtaining suitable investment advice for trust fund ought be borne by defendant as an aspect of damages ordered as "reasonable management fees"; defendant ordered to pay $180,000 to administrator for reasonable cost of managing fund: White J
Appeal Determined (QCA)
[2004] QCA 30
20 Feb 2004
Second plaintiff appealed against [2003] QSC 36; where second plaintiff's need for fund management created as direct consequence of defendant's negligence; whether fees recoverable as damages: appeal dismissed: Davies JA, Jones and Holmes JJ
Appeal Determined (QCA)
[2004] QCA 64
19 Mar 2004
Determination of question of costs of [2004] QCA 30; whether general public importance of appeal justified departure from general cost rule; second plaintiff ordered to paid defendant's costs: Davies JA, Jones and Holmes JJ
Special Leave Granted (HCA)
[2004] HCATrans 525
03 Dec 2004
Second plaintiff applied for special leave to appeal against [2004] QCA 30; special leave to appeal granted and Public Advocate granted leave to provide written submissions as amicus curiae: Gummow and Heydon JJ
Second plaintiff appealed against [2004] QCA 30; where requirement for management of funds arose as direct result of defendant's negligence; appeal allowed with costs, orders in [2004] QCA 30 set aside and matter remitted to Court of Appeal for assessment of damages: McHugh, Gummow, Hayne, Callinan and Heydon JJ
Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
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