Meas (by his litigation guardian Adcock) v Tipping (No 2)

[2023] ACTSC 237

Supreme Court of the ACT31 August 2023

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Compliance with formal requirements
5. › Whether offer silent on Court approval under r 282 and funds management arrangements complied with r 1002
6. › Whether reason to depart from default solicitor-client costs order under r 1010
7. › Whether costs incurred before commencement of Part 2.10 included
8. › Court Procedures Rules 2006 (ACT), rr 282, 1002, 1010
1. Trusts and Trustees
2. › Funds management
3. › Person under disability
4. › Direction to substitute private trustee for public trustee and guardian
5. › Whether appointment of private trustee in best interests of plaintiff
6. › Public Trustee and Guardian Act 1985 (ACT), s 25

Quick Take

An offer of compromise under r 1002 of the Court Procedures Rules 2006 (ACT) in a personal injury claim involving a person under disability need not address the requirement for Court approval under r 282 or propose specific funds management arrangements. The absence of express transitional provisions in the Court Procedures Amendment Rules 2014 (No 3) means that solicitor-client costs under r 1010 extend to costs incurred before the commencement of Part 2.10 on 1 January 2015. The unavoidable length of proceedings due to the plaintiff's age at injury does not, without more, justify departure from the default solicitor-client costs order.