Federal Court of Australia
an
ap.
CATCHWORDS
Damages - assessment - personal injuries - tetraplegia Economic loss - apprentice - loss of earning capacity Appropriate interest rate for discounting - use of Australian Savings Bonds rates
Rule in Cullen v. Trappell - income tax notionally
payable on award - income and capital components of lump sum award - adjustment confined to allowance
for future economic loss
Sustenance - deduction from loss of earning capacity for lost years and set off against cost of institutional care
Future institutional care - effect of award on payment of Commonwealth benefit - s.59 National Health Act Motor vehicle expenses - cost of modification of vehicle or of driver in lieu of vehicle - deduction where services gratuitously provided
Pain and suffering and loss of amenities - limited usefulness of awards in earlier cases - effect of
inflation
RUBERT BARBER and ROBERT WARWICK ELLISTON v. STEPHEN JOHN MEADWELL No. NTG 8 of 1979
Coram: ST JOHN, TOOHEY & FISHER JJ.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NORTHERN TERRITORY DISTRICT REGISTRY } No. NIG 8 of 1979 GENERAL DIVISION )
BETWEEN: ROBERT BARBER and
ROBERT WARWICK ELLISTON Appellants
AND: STEPHEN JOHN MEADWELL
Respondent
ORDER
Judges making order: St John, Toohey and Fisher JJ. Date of order: 22 September 1980
Where made: Darwin, Northern Territory
THE COURT ORDERS THAT: 1. The appeal is dismissed.
2. The appellants pay the respondent's costs of
the appeal.
IN THE FEDERAL COURT OF AUSTRALIA ' NORTHERN TERRITORY DISTRICT REGISTRY 3 No. NT.G8 of 1979 GENERAL DIVISION )
BETWEEN :
ROBERT BARBER and ROBERT WARWICK ELLISTON
Appellants AND:
STEPHEN JOHN MEADWELL Respondent
CORAM. ST.JOHN, TOOHEY & FISHER JJ.
22 September 1980
REASONS FOR JUDGMENT ST.JOHN J:
I have had the advantage of reading the reasons for judgment of Toohey J. I agree that the appeal should be dismissed. I agree with the reasons therein expressed with the exception of that part dealing with future motor vehicle expenses but as no question of principle is
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