Public Trustee v David Thompson Public Trustee v Hong Nguyen

(2000) 155 FLR 18; [2000] ACTSC 4

Supreme Court of the ACT

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Interrogate

Catchwords

1. Courts
2. › Supreme Court of the Australian Capital Territory
3. › Jurisdiction
4. › Inherent jurisdiction
5. › Parens patriae
6. › Welfare of incapable persons
7. › Whether court may authorise ex gratia payments from estate of incapable person
8. › Supreme Court Act 1933 (ACT), s 20
1. Infants
2. › Damages recovered on behalf of infant
3. › Trust funds held by Public Trustee
4. › Gratuitous services component ([name withheld] v [name withheld])
5. › Whether payment should be authorised to compensate gratuitous care giver
6. › Whether payment is in best interest of child
7. › Public Trustee Act 1985 (ACT), s 25(7)(b)
1. Damages
2. › Personal injuries
3. › Gratuitous care
4. › [name withheld] v [name withheld] damages
5. › No trust in favour of carer
6. › Moral obligation to reimburse carer

Quick Take

The ACT Supreme Court has inherent parens patriae jurisdiction to direct the Public Trustee to make ex gratia payments from trust funds held on behalf of incapable minors to gratuitous carers, notwithstanding that [name withheld] v [name withheld] damages do not create a trust in favour of the carer. A liberal view of the child's best interests should be taken, giving full play to family considerations, and the preservation of harmonious family relationships is a legitimate basis for authorising such payments.