Federal Court of Australia
iy [(v 14
val ive)
nk to
2.25(1j) - Whether ince ~ Comparison with cvomon low AGt
ead vy
Jennit
No. VG €0 of 1978.
Sydy
IN THE FEDERAL COURT GF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) ) }
ENERA&AL DIVISION
SUPREME Co
AND 3
Coram : Brennan, Deane and Fisher Jd.
JUDGES MAKING
be =~ Ci] s =) ry mS v7] be a
ATE OF ORD
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) VG No.60 of 19 ) )
GENERAL DIVISION
i THE SUPREME COURT
AND :
Respondent
Coram : Brennan, Deane and Fisher JJ.
BRENN
Miss Tinkler, the appellant, suffered personal
injury in a motor car accident on 10 May 1974. She was a
resident of Victoria and was a person in relation to whom
Part TII of the Motor
applied (s.13). Her injuries preve
a clerk. Accordingly, she
.for a time in her employ
co employe
suffered "a loss of income in the
¢
£ the injury" as referred to in s.25(1) of the Act
reason ©
ion, She was
that sub-sectlon.
o a ct a - _
rh
as a.result o cone by re
re) m
on Act. vments under of the loss of that i ect to this Act, pay ated
in accordan
A is the amount of of that accor and
Wois the number
incapacit
During June 1975, the Moter
Accidents Board (the Board erred to in s.25(1)) paid
the anppeliant $2,371.2
, in 22 payments which
MA
for the most part, at fo: hily intervals. Each paymen was made in respect of a certain number of working days,
rate of $9.12 per working day.
and was calculated at ti
Five working days were taken to be a working week, so that
$45.60 was, in the appellant's case,
that amount of salary or
i
3.
sey pay
Commi
that
Court of
It iS submitted that the payments were not income,
and that the subvention for
compensation for the earning capacity which is said:
to be @ capital
In §$.25(2)} of the
163] SS is
cr
under tha'
up his income in exchange for
cnaracter of the
6 compensation for
an asset acquired by the State or sterilized in the hands of
se their character from the character, in the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate