Lampson & Ors v McKendry & Ors [2002] NSWSC 1015

Lampson & Ors v McKendry & Ors [2002] NSWSC 1015

Upon consideration of the contributions and circumstances, it was determined that the sum claimed was sufficiently justified, and orders for reimbursement and costs to be paid from the settlement fund were made.

Jurisdiction
Australia
Judgment Date
04 October 2002
Procedural Posture
Application in Professional Negligence/infant's Settlement Proceedings / Judgment on Notice of Motion for Payment Out of Trust
Outcome
Application granted
Legal Topics
["infant's Settlement" 'reimbursement of Expenses From Infant Settlement Fund']
['common Law' 'professional Negligence'] ["infant's Settlement" 'reimbursement of Expenses From Infant Settlement Fund']

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Procedural Posture

Application in Professional Negligence/infant's Settlement Proceedings / Judgment on Notice of Motion for Payment Out of Trust

Legal Issues

  1. 1 ["Whether reimbursement should be made from a child's settlement fund to the tutor for costs and expenses incurred on behalf of the child" 'Determination of the reasonable amount to be reimbursed']

Ratio Decidendi

Upon consideration of the contributions and circumstances, it was determined that the sum claimed was sufficiently justified, and orders for reimbursement and costs to be paid from the settlement fund were made.

Court Disposition

Application granted

Orders

  • ['That the Public Trustee pay to Mr Jones the sum of $120,000 from moneys held in trust on behalf of the child' 'That the costs of the motion be paid from trust moneys held by the Public Trustee on behalf of the child']