Gray v Richards [2014] HCA 40

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, BELL, GAGELER AND KEANE JJ

RHIANNON GRAY BY HER TUTOR KATHLEEN ANNE GRAY APPELLANT

AND

COREY RICHARDS RESPONDENT

Gray v Richards [2014] HCA 40 15 October 2014 S111/2014

ORDER

1. Appeal allowed in part.

2. Vary order 2 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 2 December 2013 by replacing the sum of $11,424,000 with the sum of $12,034,000.

3. The respondent pay interest to the appellant on the sum of $539,000 at the rate prescribed by the Uniform Civil Procedure Rules 2005 (NSW) from 16 December 2011.

4. The parties are to file written submissions within 14 days from the date of these orders in relation to costs both in this Court and in the courts below, such submissions to be limited to five pages.

On appeal from the Supreme Court of New South Wales

Representation

A S Morrison SC with I J McGillicuddy for the appellant (instructed by Beilby Poulden Costello)

P J Deakin QC with B A P Kelleher and K A James for the respondent (instructed by TL Lawyers)

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

CATCHWORDS

Gray v Richards

Damages – Measure of damages in actions for tort – Appellant suffered brain damage as a result of respondent's negligence – Appellant incapable of managing own financial affairs – Administrator appointed to manage appellant's estate – Where requirement for management of funds arose as a direct result of respondent's negligence – Where administrator charged fees on all funds under management – Whether appellant entitled to recover costs associated with management of damages awarded for purpose of managing funds under management – Whether appellant entitled to recover costs associated with managing predicted future income of managed fund.