Federal Court of Australia
[3] carmen,
Damages - appeal on quantum - loss of earning capacity to trial ~- loss of future earning
capacity - non-economic loss.
ROBIN DAVID HORNER v. AXEL WILLIAM HARALD NIELSEN.
F.C. No. 33 of 1979. Franki, St. John and Sheppard JJ. Sydney.
29 September 1980.
IN THE FEDERAL COURT OF AUSTRALIA CANBERRA DISTRICT REGISTRY No. F.C. 33 of 1979. GENERAL DIVISION.
BETWEEN: ROBIN DAVID HORNER
Appellant
AND: AXEL WILLIAM HARALD NIELSEN
Respondent.
ORDER
JUDGES MAKING ORDER: Franki, St. John and Sheppard JJ. DATE OF ORDER 2 29 September 1980. WHERE MADE : Sydney.
THE COURT ORDERS THAT:
1. Appeal allowed.
2. Order of the Supreme Court of the Australian Capital Territory varied by the substitution of the sum of $112,477.66 for the sum of $174,977.66 mentioned
therein.
3. The respondent pay the appellant's costs of this appeal.
IN THE FEDERAL COURT OF AUSTRALIA) )
) ) )
CANBERRA DISTRICT REGISTRY No.FC 33 of 1979
GENERAL DIVISION
BETWEEN: ROBIN DAVID HORNER
Appellant
AND: AXEL WILLIAM HARALD NIELSEN
Respondent CORAM: FRANKI, ST. JOHN AND SHEPPARD JJ.
249 SEPTEMBER 1980 REASONS FOR JUDGMENT THE COURT: The appellant, Robin David Horner, was the defendant in an action brought by the respondent, Axel William Harald Nielsen, un the Supreme Court of the Australian Capital Territory. The
appeal is limited to the damages awarded.
The learned trial Judge awarded a sum of $174,977.66,
made up as follows:
"Agreed special damages $ 3,153.66 Loss of earning capacity to trial 23,124.00 Loss of future earning capacity 112,500.00 Future expenses 1,200.00
Non-economic loss 35,000.00"
The injuries to the respondent resulted from a motor car accident on 8 April 1975, when the respondent was almost 42 years of age and was employed by a company, Dalgetys Ltd.,("Dalgetys") as a sales representative in the liquor sales activities of the company in the Canberra and southern district area of New South Wales. Dalgetys did not terminate his employment until March 1977. The respondent is married with 4 children, the eldest of whom was 20 at the time of the accident. The learned trial Judge
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