Federal Court of Australia
CATCHWORDS
NEGLIGENCE - causation - malignant melanoma discovered after injury - conflict of medical evidence as to possibility of causal
connexion.
PRACTICE AND PROCEDURE - coscs - Jate payment into court —-
reasonable time to consider.
WALTRAUD FUDERESR v COMMONWEALTH OF AUSTRALIA
No. ACT G31 of 1983
Woodward, Kelly and Neaves JJ. Canberra
5 December 1983
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G31 of 1983
DISTRICT? REGISTRY
GENERAL DIVISION
BETWEEN: WALTRAUD FUDERER Appeliant and COMMONWEALTH OF AUSTRALIA Respondent ORDER
JUDGES MAKING ORDER : Woodward, Kelly and Neaves Ju.
DATE OF ORDER
5 December 1983
WHERE MADE : Canberra THE COURT ORDERS THAT: 1. The order for costs in the Supreme Court be set
aside and the question rcemitted to the learned trial judge for further consideration.
2. Otherwise the appeal be dismissed, with costs.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G3l of 1983 DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:
WALTRAUD FUDERER Appellant and COMMONWEALTH OF AUSTRALIA Respondent
CORAM: Woodward, Kelly and Neaves JJ.
DATE: 5 December 1983
THE COURT REASONS FOR JUDGMENT
This is an appeal from a judgment of the Supreme Court of the Australian Capital Territory by which the appellant was awarded damages of $35,675.01 for personal injury. The respondent was ordered to pay the appellant's costs up to the date of a payment into Court made on 5 May 1983. The appellant was ordered
to pay the respondent's costs after that date.
The main ground of appeal is that the trial judge "erred un holding that a malignant melanoma suffered by the appellant was
not caused by or aggravated by the fall at work on 22 May 1975 or
subsequent medical treatment." As the appeal proceeded it became clear that the words "caused by or" could safely be omitted from the ground - possible aggravation was the only issue. A second ground of appeal 1s that the damages awarded for the appellant's injuries were inadequate even if the aggravation of the melanoma could not properly be included. The orders for costs are also
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