Federal Court of Australia
CATCHWORDS
Tort - damages for loss of earning capacity - whether appellate Court should interfere with assessment of
trial Judge.
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY
OF AUSTRALIA No.50 of 1978.
MARIE CREED CALLAGHAN and JOHN STEPHEN CALLAGHAN v. ALAN GEOFFREY CRANE
No. NIG 31 of 1981
CORAM. Franki, St. John and Toohey JJ.
DATE: 27 September 1982
DARWIN
IN_THE FEDERAL COURT OF AUSTRALIA
) ) NORTHERN TERRITORY DISTRICT REGISTRY ) No NTG 31 of 1981 ) GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRT'UORY
OF AUSTRALIA
No. 50 of 1978
BETWEEN
MARTE CREED CALLAGIIAN and JOHN STEPHEN CALILAGHAN
Appellants AND ALAN GEOFFREY CRANE Respondents ORDER JUDGES MAKING ORDER: Franki, St. John and Toohey JJ DATE OF ORDER: 27 September 1982 WHERE MADE: Darwin THE COURT ORDERS THAT. 1. The appeal be dismissed 2. The appellants pay the respondent's costs of the
appeal.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NORTHERN TERRITORY DISTRICT REGISTRY ) No NTG 31 of 1981 ) GENERAL DIVISION >)
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
No 50 of 1978
BETWEEN
MARIE CREED CALLAGHAN and JOHN STEPHEN CALLAGHAN
Appellants AND. ALAN GEOFFREY CRANE
Respondent
CORAM Franki, St. John and Toohey JJ.
DATE: 27 September 1982
REASONS FOR JUDGMENT
THE COURT
The Supreme Court of the Northern Territory awarded the respondent damages of $106,192 80 for injuries received in a motor vehicle accident on 21 July 1975. The learned trial Judge itemised those
damages in the following way
Me TTT Te ey SENT Re ee
$
Pain and suffering 7.500 00 Loss of amenities 5,600.00 Loss of earnlngs to December 1980 12,750 00 Loss of earnings December 1980 to trial (29 September 1981) 4,500 00 Future loss of earning capacity 75,000.00 Special damages 1,442.80 $106,192.80
The appellants challenge only two components of that award, the sum of $4,500.00 for loss of earnings between December 1980 and trial and the sum of $75,000 00 for future loss of earning capacity.
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