Thomas v Shaw [No 3] [2009] NSWSC 1419

Thomas v Shaw [No 3] [2009] NSWSC 1419

The plaintiff's injuries, including brain damage and impaired judgment, made him incapable of managing his affairs at present and the incapacity would probably continue until about age 25. The plaintiff was entitled to recover the claimed funds management costs, including pre-18 trustee fees, and the unopposed slip rule correction for future superannuation was accepted.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Common Law Negligence Proceeding Involving Funds Management for an Infant Plaintiff / Consequential Orders After Judgment, With Reserved Issue of Funds Management and Slip Rule Adjustment
Outcome
Verdict and judgment for the plaintiff in the amount set out in the judgment of 26 June 2009 as adjusted by this judgment; defendants to pay the plaintiff's costs as previously ordered.
Legal Topics
['funds Management' 'infant Claim' 'brain Damage' 'incapacity to Manage Affairs' 'future Superannuation Adjustment']
['civil Law' 'negligence'] ['funds Management' 'infant Claim' 'brain Damage' 'incapacity to Manage Affairs' 'future Superannuation Adjustment']

Case Brief

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Procedural Posture

Common Law Negligence Proceeding Involving Funds Management for an Infant Plaintiff / Consequential Orders After Judgment, With Reserved Issue of Funds Management and Slip Rule Adjustment

Legal Issues

  1. 1 ['Whether an allowance should be made for funds management costs before the plaintiff turns 18 years old.' 'Whether the plaintiff is likely to be incapable of managing his affairs after turning 18 and until about age 25.' 'Whether the damages calculation should be amended under the slip rule for future superannuation calculated on gross income.']

Ratio Decidendi

The plaintiff's injuries, including brain damage and impaired judgment, made him incapable of managing his affairs at present and the incapacity would probably continue until about age 25. The plaintiff was entitled to recover the claimed funds management costs, including pre-18 trustee fees, and the unopposed slip rule correction for future superannuation was accepted.

Court Disposition

Verdict and judgment for the plaintiff in the amount set out in the judgment of 26 June 2009 as adjusted by this judgment; defendants to pay the plaintiff's costs as previously ordered.

Orders

  • ['I order that there should be a verdict and judgment for the plaintiff in accordance with the amount set out in the judgment of 26 June 2009 (para [314]) as adjusted by this judgment.' "I have previously ordered that the defendants should pay the plaintiff's costs in accordance with the judgment Thomas v Shaw No. 2...