Where a plaintiff's incapacity from the defendant's negligence necessitates appointment of a professional trustee, the defendant is liable for the cost of all services the trustee is legally obligated to perform under the Trusts Act 1973 (Qld) and general law, not merely services equivalent to the decision-making of an ordinary adult. However, fees for services that duplicate those already covered by other fee categories, or that represent the exercise of discretion rather than the discharge of obligations, are not recoverable.
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