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.
Words and phrases – "damages", "discount rate", "fund management".
Civil Procedure Act 2005 (NSW) – ss 76, 77, 79.
Motor Accidents Compensation Act 1999 (NSW) – s 127.
NSW Trustee and Guardian Act 2009 (NSW) – s 41.
Judgment date
Case number
S111/2014
Before
French CJ, Hayne, Bell, Gageler, Keane JJ
Catchwords