Jackson, Daniel Noel v. Windahl, Neil [1980] FCA 82

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION

No. NTG 21 of 1979 ON ae FROM aE SUPREME No. 274 of 1977

Between -

DANIEL NOEL JACKSON

Appellant and -

NEIL WINDAHL Respondent

CORAM: Toohey, McGregor and Sheppard JJ.

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JUDGMENT

This is an appeal from a judgment of the Supreme Court of the Northern Territory awarding the appellant the sum of $23,473.64 damages for personal injuries sustained in a road accident.

The appellant challenges the judgment in two respects. He contends that the learned trial judge was in error in holding that he was guilty of contributory negligence. He also challenges the award of general damages. Initially the appellant confined his argument to the proposition that a sum of $11,000 for what might broadly be described as

non-economic loss, forming part of general damages of $28,200 was manifestly inadequate. Part way through the hearing counsel said that he intended to attack, as well, the award of $15,000 for economic loss.

On 26 September 1971 the appellant was riding his motor cycle, a light powered Yamaha, east along Wells Street, Ludmilla. The accident occurred at the inter- section of Wells Street with Lovegrove Street. Lovegrove Street was on the appellant's left, it leading away from Wells Street in a northerly direction thus forming a "T" intersection with Wells Street. The evidence establishes that the respondent, who had been travelling west in Wells Street, intended to make a right hand turn into Lovegrove Street. The intersection is a dangerous one. It is made dangerous by the existence of a crest in Wells Street 15 metres to the west of the junction of that street with Lovegrove Street. To the rider of a motor cycle travelling east, as was the appellant, there 18 no view of the intersection, or for that matter of the road ahead, until the crest is surmounted. To the driver of a motor