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.

Words and phrases – "damages", "compromise order", "reasonable management fees", "trustee".

Trustee Companies Act 1968 (Q) – ss 41, 45.

Trusts Act 1973 (Q) – ss 21, 24.

Public Trustee Act 1978 (Q) – s 59(1).

Guardianship and Administration Act 2000 (Q) – ss 47, 48(1), (2), 245, Sch 4.