Willett v Futcher [2005] HCA 47

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, HAYNE, CALLINAN AND HEYDON JJ

BELINDA ANN WILLETT (BY HER LITIGATION

GUARDIANS DEBORAH ANN WILLETT AND

PATRICK WILLETT) APPELLANT

AND

DUDLEY D FUTCHER RESPONDENT

Willett v Futcher

[2005] HCA 47

7 September 2005

B78/2004

ORDER

1. Appeal allowed with costs.

2. Set aside order of the Court of Appeal of the Supreme Court of Queensland made on 20 February 2004 and in its place order that the appeal to that Court is allowed with costs.

3. Remit matter to the Court of Appeal of the Supreme Court of Queensland for the assessment of the damages to be allowed.

4. Amend title to the proceeding in this Court by deleting the words "an infant".

On appeal from the Supreme Court of Queensland

Representation:

D F Jackson QC with T Matthews for the appellant (instructed by Quinlan Miller & Treston)

D B Fraser QC with M P Kent for the respondent (instructed by McInnes Wilson)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Willett v Futcher

Damages – Measure of damages in actions for tort – Appellant suffered brain damage as a result of respondent's negligence – Application for approval of terms of compromise – Appellant unable to manage financial affairs – Administrator appointed to manage appellant's financial affairs – Where determination necessary to calculate "sum by way of damages in respect of reasonable management fees of the administrator" – Where requirement for management of funds arose as a direct result of respondent's negligence – Whether only certain kinds of costs of managing funds should be allowed in assessing damages – Whether damages to be assessed according to the position of an appellant not awarded a lump sum of damages, or according to the position of an appellant with a lump sum to invest but no disabling injury.