Federal Court of Australia
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CATCHWORDS
Negligence - safe system of work - failure by employer to
provide safety harness for driver of earth-moving vehicle.
Damages - assessment ~ quantum of damages representing pain
and suffering.
COMMONWEALTH OF AUSTRALIA v. SAMUEL RICHARDSON
No. T.C. 28 of 1979
CORAM: BLACKBURN, ST.JOHN and LOCKHART JJ.
DATE: 12 AUGUST 1980 CANBERRA.
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IN THE FEDERAL COURT OF AUSTRALIA
A.C.T. DISTRICT REGISTRY ) F.C. No. 28 of 3979 ) GENERAL DIVISION )
BETWEEN: COMMONWEALTH OF AUSTRALIA Appellant AND; SAMUEL RICHARDSON Respondent ORDER
JUDGES MAKING ORDER: Blackburn, St.John and Lockhart .J7.J.
DATE OF ORDER' 12 August 1980 WHERE MADE: Canberra.
THE COURT ORDERS THAT: (1) the appeal is dismissed;
(2) the cross-appeal be allowed and judgment in the sum of $35,442.37 be substituted for the judgment entered;
(3) the appellant pay the costs of the appeal and cross- appeal to be taxed.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
F.C. No. 28 of 1979 DISTRICT REGISTRY
Se a
GENERAL DIVISION
BETWEEN:
COMMONWEALTH OF AUSTRALIA Appellant
AND:
SAMUEL RICHARDSON Respondent
CORAM: BLACKBURN, ST.JOHN and LOCKHART JJ. 12 AUGUST 1980
wre a ' amen Pon) .
On 17 June 1976 the respondent to this appeal, Samuel Richardson was driving and operating a Volvo articulated front end loader as an employee of the appellant Commonwealth of Australia. The front-end loader overturned whereby the respondent was injured and in respect of such injuries he sued the appellant for damages for negligence alleging a breach by the appellant employer of the common law duty to take reasonable care for his safety. A particular of the breach was the failure to fit a seat belt to the front-end loader. The learned trial judge, McGregor J., found negligence in the appellant who appeals to this court submitting that there was no evidence upon which the learned trial judge could so find, or alternatively no evidence reasonably capable of supporting His Honour's finding that the installation of the seat belt would have protected
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