Naga, Besim v Quintell, Philip John & Anor [1984] FCA 161

CATCHWORDS

Appeal - adequacy of award of damages - alleged miscarriage of

trial - whether evidence of respondents' medical witnesses

-inconsistent with respondents' case as opened and cross-

examination of appellant's witnesses - element of surprise - whether failure by respondent to put to appellant's medical witnesses medical evidence to be called ~ whether true joinder of issue on psychiatric and orthopaedic evidence - law as to miscarriage of trial - function of pleadings - pleading matters relating to general damages - need for exchange of medical

reports in accordance with Supreme Court Rules

Cross~appeal - contributory negligence - special damages - amount of costs after offer to consent to judgment - whether "special reasons" for awarding costs to appellant after offer

to consent where appellant received less than amount of offer

Rules of The Supreme Court of the Northern Territory of Australia

— 0.26 r.6A, 0.34 7.30

BESIM NAGA v. PHILIP JOHN QUINTELL and MARINELAND N.T. PTY. LIMITED

No. NTG 36 of 1983

MUTRHEAD, TOOHEY €& McGREGOR JJ. 13 JUNE 1984

DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA . DISTRICT REGISTRY GENERAL DIVISION

JUDGES MAKING ORDER

DATE OF ORDER WHERE MADE

THE COURT ORDERS THAT:

No. NTG 36 of 1983

www

ON APPEAL from the Supreme Court of the Northern Territory of Australia

BETWEEN:

BESIM NAGA Appellant

and

PHILIP JOHN QUINTELL and MARINELAND N.T. PTY. LIMITED

Respondents

Oo R D E R

Muirhead, Toohey & McGregor Jd.

13 June 1984 DARWIN

i. The appeliant's appeal be dismissed.

we a ee ee

Oe tee on ne cement.

nnn Re ee ee '

The appellant pay the respondents' costs of the

appeal.

The judgment of the Supreme Court of the Northern Territory of Australia be varied by providing that the respondents pay the appellant's costs of the Supreme Court action up to but not including 4 October 1983 and that the appellant pay the