Federal Court of Australia
CATCHWORDS
Assessment of damages - personal injury - loss of earning capacity of sixteen year old schoolboy -
review of complex evidence - no question of principle.
RONALD GERWIEN v. ANTHONY GEORGE ARCUS by his next friend BENITO LAZAREVICH ARCUS
No. A.C.T. G 66 of 1983
Coram: Gallop, Sheppard and Neaves JJ.
Date: 29 February 1984.
Canberra
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. A.C.T. G 66 of 1983
GENERAL DIVISION
On Appeal from the Supreme Court of
the Australian Capital Territory
BETWEEN
RONALD GERWIEN
Appellant AND ANTHONY GEORGE ARCUS by his next friend BENITO LAZAREVICH ARCUS Respondent ORDER
JUDGES MAKING ORDER Gallop, Sheppard and Neaves JJ.
DATE OF ORDER
29 February 1984.
WHERE MADE Canberra
THE COURT ORDERS THAT :
1. The appeal be allowed.
2. The Judgment of the Supreme Court of the Australian
Capital Territory be varied by substituting for the amount of the Judgment the sum of $257,483.90.
3. The respondent pay the appellant's costs of the
appeal.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G66 of 1983 DISTRICT REGISTRY
eww SS SS
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: RONALD GERWIEN Appellant
AND: ANTHONY GEORGE ARCUS by his next friend BENITO LAZAREVICH ARCUS
Respondent
CORAM: Gallop, Sheppard and Neaves JJ.
REASONS FOR JUDGMENT
GALLOP J. 29 February 1984
This 1S an appeal from a Judgment of the Supreme Court of the Australian Capital Territory awarding to the Plaintiff damages in the sum of $289,763.90 for personal injuries sustained in a motor vehicle accident on 16 October 1978. Liability in the action was not in issue and the trial was limited to the assessment of damages. The appeal to this court is by way of rehearing of the assessment of damages.
Before this court interferes with the award of damages 1t should be satisfied that the trial judge acted on a wrong principle of law or misapprehended the facts or, for
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