Federal Court of Australia
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IN _THE FEDERAL COURT OF AUSTRALIA ) )
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ) No. ACT G16 of ) 1981
GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE COMMONWEALTH OF AUSTRALIA
Appellant (Defendant) AND: MURRAY VINCENT MURPHY
Respondent (Plaintiff)
JUDGES MAKING ORDERS: Bowen C.J., Blackburn and Deane JJ WHERE MADE: Canberra DATE: 12 October, 1981
THE COURT ORDERS THAT: -
1. The appeal be dismissed with costs. 2. The cross appeal be stood over generally with liberty to any party to apply on seven (7) days
notice.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. ACT G16 of 1981 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE COMMONWEALTH OF AUSTRALIA
Appellant (Defendant) AND: MURRAY VINCENT MURPHY
Respondent (Plaintiff)
CORAM: Bowen C.J., Blackburn and Deane JJ.
12 October, 1981
BOWEN CJ: I will ask Mr. Justice Deane to give the first judgment in this matter °
DEANE J: This 1s an appeal by the Commonwealth ("the Respondent") from a decision of the Supreme Court of the Australian Capital Territory (Mr. Justice Connor) that there be judgment for the plaintiff against the defendant in the amount of $102,839.04 on account of damages in respect of
injuries sustained by the plaintiff when, on 19 August, 1973,
he slipped and fell in a bus depot in Wentworth Avenue,
Kingston, in the Australian Capital Territory. The plaintiff
was then employed by the defendant as a bus driver.
Before the Supreme Court and before this Court, the main issue involved in the question of liability has been whether the injuries sustained by the plaintiff were on a part of the depot described as Stage 1 or on a part of the depot described as Stage 2. The description of the depot and the essential facts in relation to the occurrence on 19 August, 1973 appear from the judgment of Mr. Justice Connor in the Supreme Court. It is unnecessary that I refer to
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