Federal Court of Australia
183 of IAS) n.0-9)
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CATCHWORDS
Damages for personal injury - Appeal.
ON APPEAL FROt THE SUPREME COURT OF THE AUSTRALIAN CAPITAL
TERRITORY.
MICHAEL DUKE v. DALE ELSIE PEGG
No. A.C.T. G12 of 1981.
CORAM: Davies, Lockhart and Kelly, JJ.
17 Secenber 1981.
- a ' cod Canverra,'A.C.T.
nee *
' IN THE, FEDERAL COURT OF AUSTRALIA
o%. *
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
) } No. A.C.T. G12 of 1981 )
GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE
AUSTRALTAN CAPITAL TERRITORY
BETWEEN: MICHAEL DUKE Appellant AND: DALE ELSIE PEGG Respondent ORDER JUDGES MAKING ORDER: Davies, Lockhart and Kelly, JJ. DATE OF ORDER: 17 December 1981 WHERE MADE: Canberra, A.C.T. THE COUKT ORDERS THAT: 1. The appeal be upheld and that the judgment of the
Supreme Court of the Australian Capital Territory be set aside.
2. In lieu thereof that there be judgment tor the appellant in the sum of $36,075.45 and costs to be
taxed.
w
The respondent pay the appellant's costs of the
appeal, those costs to be taxed.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. A.C.T. G.12 of 1981 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: MICHAEL DUKE Appellant AND: DALE ELSIE PEGG Respondent CORAIi: Davies, Lockhart and Kelly, JJ.
17 December 1981
REASONS FOR JUDGMENT
DAVIES, LOCKHART and KELLY, JJ.
The appellant, who was born on 26 October 1953, was injured in a motor vehicle accident on 3 April 1979. He sued the respondent in the Supreme Court of the Australian Capital Territory tor damages for alleged negligence. Liability was not contested. The learned trial Judge gave judgment in his favour for the sum of $30,075.45. That was made up of the following
components - for loss of earning capacity, past and for a short
time in the future, $5,963.45; special damages $12,112 and non-economic loss $12,000. The plaintiff appealed to this Court, claiming that that assessment of the appellant's non-economic loss was erroneous in all the circumstances. Because of their brevity it is convenient to set out
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