Federal Court of Australia
[SG
=e CATCHWORDS
Damages for personal injury - Plaintiff police officer - Loss of earning capacity - Superannuation Act 1976 (Commonwealth)
Pension payable consequent upon injury - Mitigation of damages - Whether pension to be taken into account in reduction of damages - Whether defendant tortfeasor should have benefit of advantages conferred on plaintiff independently of right of redress against defendant.
On Appeal from the Supreme Court of the Australian Capital Territory
VICTOR ROSS JOHNSON v. IAN ROBERT HEGARTY
No. A.C.T. G.4 of 1981
Coram: McGregor, Davies and Kelly JJ.
Date: 24 September 1981
Place: Canberra
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. A.C.T. G.4 of 1981
a ee eee ee eee)
GENERAL DIVISION
On Appeal from the Supreme Court of , the Australian Capital Territory
BETWEEN: VICTOR ROSS JOHNSON Appellant AND: IAN ROBERT HEGARTY Respondent ORDER JUDGES MAKING ORDER: McGregor, Davies and Kelly JJ. DATE OF ORDER: 24 September 1981 WHERE MADE: Canberra, A.C.T.
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The cross-appeal be allowed so that there will be, in substitution for the judgment of the Supreme Court of the Australian Capital Territory, judgment for the respondent in the sum of $109,500 and costs.
3. The appellant pay the respondent's costs of and incident
to the appeal and cross-appeal, those costs to be taxed.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
) ) DISTRICT REGISTRY jy No. A.C.T. G.4 of 1981 ) GENERAL DIVISION )
On Appeal from the Supreme Court of the
Australian Capital Territory
BETWEEN: VICTOR ROSS JOHNSON Appellant
AND: IAN ROBERT HEGARTY Respondent
CORAM: McGregor, Davies § Kelly JJ.
REASONS FOR JUDGMENT
McGREGOR, DAVIES §& KELLY JJ.
The respondent who was born on 6 August 1943 and who had been a member of the Police Force of the Australian Capital Territory since mid-1969 was injured in a motor vehicle accident on 10 June 1975. Between the date of the accident and 17 August 1978 he lost at least 136 days' pay through injuries sustained in the accident. On 17 August 1978 he was compulsorily retired, against his will, from the Police Force because of the effects of those injuries. He thereupon became entitled, pursuant to the provisions of s.66 of the Superannuatic Act 1976 (Commonwealth) ("the Act"), to a pension of 70 per centum of his annual rate of salary on his last day of service. He might, had he chosen, have elected pursuant to the
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