Rottenbury by his tutor Wren v Rottenbury [2007] NSWSC 215

New South Wales Supreme Court

CITATION : Rottenbury by his tutor Wren v Rottenbury [2007] NSWSC 215

HEARING DATE(S) : 14 - 17 August 2006, 3 - 6 October 2006, 25 January 2007, 6 March 2007

JUDGMENT DATE : 13 March 2007

JUDGMENT OF : Hislop J

DECISION : 1. Final verdict for the plaintiff in the sum of $4,213,910.00 together with the sum referred to in paragraph 2 of the interim terms of settlement dated 15 December 2005 and filed in this Court on that date; 2. Final judgment for the plaintiff in the sum of $4,168,910.00 together with the sum referred to in paragraph 2 of the interim terms of settlement dated 15 December 2005 and filed in this Court on that date; 3. The said sum of $4,168,910.00 be paid, pursuant to s 77(3)(b) of the Civil Procedure Act 2005 to Australian Executor Trustees Limited as manager of the plaintiff's estate to be held and applied by the the manager as part of that estate; 4. Costs reserved, with liberty to apply on 7 days notice.

CATCHWORDS : Personal injury - Motor accident - Damages - Brain damage - Future care - Fund management.

Civil Procedure Act 2005 - s77(3)(b) LEGISLATION CITED : Motor Accident Compensation Act 1999 - ss127,128 Protected Estates Act 1983

CASES CITED : Todorovic v Waller (1981) 150 CLR 402 Zhang v Golden Eagle International Trading Pty Limited (2006) NSWCA 25

PARTIES : Plaintiff - Jon Murray Rottenberg by his tutor Julia Wren Defendant - Peter Andrew Rottenbury

FILE NUMBER(S) : SC SC 20228/05

COUNSEL : Plaintiff - Mr P. Frame Defendant - Mr K.P. Rewell SC

SOLICITORS : Plaintiff - Lamrocks Solicitors and Attorneys Defendant - Turner Whelan Solicitors