Federal Court of Australia
CATCHWORDS
Negligence - damages for personal injury - appeal against primary Judge's assessment - application of Cullen v. Trappeli (1980) 54 A.L.J.R. 295 - claim that no evidence of impairment of earning capacity - deficiency of evidence to quantify wage loss said to preclude recovery - reliance on Allan v. Loadsman (1975) 2 N.S.W.L.R. 789 - Yammine v. Kalwy (1979) 2 N.S.W.L.R. 151 referred to - no other question of principle involved ~- review, in the light of Cullen v. Trapoell, assessment of damages made by trial
Judge.
THIESS PROPERTIES PTY. LIMITED v. MONTAGUE PAGE
No. NT G 32 of 1979
CORAM: FORSTER, McGREGOR, SHEPPARD JJ.
DATE: 2 September, 1980 DARWIN
IN THE FEDERAL COURT OF AUSTRALIA
THE NORTHERN TERRITORY OF AUSTRALIA REGISTRY
») ) No. NTG 32 of 1979 GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN : THIESS PROPERTIES PTY. LIMITED Appellant AND : MONTAGUE PAGE Respondent
CORAM : Forster, McGregor and Sheppard JJ.
2 September, 1980.
FORSTER J.
In this matter I have had the advantage of reading the Reasons for Judgment of McGregor J. and Sheppard J. I find myself in agreement with Sheppard J. and would dismiss the appeal with costs and dismiss the cross-appeal with no order as to its costs.
There is, as it seems to me, a tendency to give the calculations which a judge must make in order to arrive at an assessment of damages a degree of precision and prominence which no-one engaged in
assessing damages would claim. So many factors are
unknown and uncertain and whereas some may be estimated with some precision others are not capable of any sort of precise assessment. In the present case I am inclined to think that his Honour's assessment of damages to be attributed to pain and suffering and
loss of amenities of life was somewhat low and that
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