Federal Court of Australia
CATCHWORDS
Legal incapacity - Whether felon convicted of non-capital offence able to maintain action for
civil wrong - Effect of Treason and Felony
Forfeiture Act 1874 (S.A.) - Meaning of "damage".
Treason and Felony Forfeiture Act 1874 (S.A.) ss.8, 9
ALEXANDER PRUS-GRZYBOWSKI v. PAUL ANTHONY EDWARD EVERINGHAM & ORS.
No. N.T.G. 1 of 1981
Franki, Toohey and Fisher Ju. 8 February 1983
Sydney
IN THE FEDERAL COURT OF AUSTRALIA )
NORTHERN TERRITORY DISTRICT REGISTRY ) No. N.T.G. 1 of 1981
GENERAL DIVISION )
On Appeal from The Supreme Court of The Northern Territory
BETWEEN: ALEXANDER PRUS-GRZYBOWKSI
. Appellant (Plaintiff)
AND: PAUL ANTHONY EDWARD EVERINGHAM
First Respondent (First Defendant)
AND: PETER GEORGE HOWARD
Second Respondent (Second Defendant)
AND: PETER JOHN BUTLER TIFFIN
Third Respondent (Third Defendant)
ORDER JUDGES MAKING ORDERS: FRANKI, TOOHEY and FISHER JJ. DATE OF ORDERS: 8 February 1983 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed with costs.
2. The judgment of the learned trial Judge dismissing the appellant's claim be set aside.
3. The matter be remitted to the learned trial Judge for further hearing.
4. The costs of the hearing of the preliminary issue be reserved
to the trial Judge,
'
IN THE FEDERAL COURT OF AUSTRALIA )
NORTHERN TERRITORY DISTRICT REGISTRY ) No. N.T.G. 1 OF 1981
GENERAL DIVISION )
On Appeal from The Supreme Court of The Northern Territory
BETWEEN: ALEXANDER PRUS-GRZYBOWSKI
Appellant (Plaintiff)
AND: PAUL ANTHONY EDWARD EVERINGHAM
First Respondent (First Defendant)
AND: PETER GEORGE HOWARD
Second Respondent , (Second Defendant)
AND: PETER JOHN BUTLER TIFFIN
Third Respondent (Third Defendant)
CORAM: Franki, Toohey and Fisher JJ.
8 February 1983
REASONS FOR JUDGMENT
FRANKI J.
The appellant, Mr. Alexander Prus-Grzybowski sued the three respondents, who at the material time were carrying on a legal practice in partnership, for damages for negligence arising
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