Federal Court of Australia
104 | \48D
CATCHWORDS
Negligence - Personal injuries - Appeal on quantum - Compensability of diminution of earning capacity where no loss of earnings shown - Compensability of cost of household assistance where paid for
by plaintiff's husband.
Lyn Cummings v. Canberra Theatre Trust
No. F.C.25 of 1979
Coram : Brennan, McGregor and Fisher JJ.
Date : 18 June 1980.
Canberra.
IN THE FEDERAL COURT OF AUSTRALIA)
AUSTRALIAN CAPITAL TERRITORY No. F.C. 25 of 1979
DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL. TERRITORY
BETWEEN : LYN CUMMINGS Appellant AND H CANBERRA THEATRE TRUST Respondent ORDER
JUDGES MAKING ORDER
Brennan, McGregor and Fisher JJ.
18 June 1980.
DATE OF ORDER
WHERE MADE Canberra.
THE COURT ORDERS THAT
1. The appeal be allowed,
2. The judgment of the Supreme Court of the Australian Capital Territory be varied by deleting the amount "$31,709.97" and inserting in lieu thereof the amount "$44,329.97",
3. The respondent pay to the appellant her costs of the
appeal.
IN THE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY ) : : No. F.C.25 of 1979 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN : LYN CUMMINGS Appellant AND 3 CANBERRA THEATRE TRUST Respondent CORAM : Brennan, McGregor and Fisher JJ.
18 June 1980
BRENNAN and FISHER JJ :
This appeal is from a judgment of Blackburn C.J. in the Supreme Court of the Australian Capital Territory awarding the appellant, the plaintiff in the Supreme Court, $31,709.97 damages for negligence causing personal injuries and costs. Liability was admitted by the defendant, the present respondent. The award was made up of $30,000 for all non-economic matters and $1,709.97 for agreed special damages. The appellant contende¢
in her notice of appeal that the trial Judge was in error in
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