Broers, Richard & Anor v Misossiou, Peter [1984] FCA 413

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° CATCHWORDS Damages - personal injury - assessment - appeal - damage to cervical discs - builder's labourer - : incapacity for heavy work - capacity for light work 3 unaffected - economic loss - scarcity of work for ; builder's labourers - award for economic loss excessive - general damages not excessive - appeal ° allowed '

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RICHARD SROERS and HANS HOOGVLIET v. PETER MISOSSIOU

No. A.C.T. G 3

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CORAM: SHEPPARD, MORLING AND EVERETT JJ. 6 DECEMBER 1984 : SYDNEY.

IN THE-FEOE URT OF AUS . AUSTRALIAN :CAPITAL TERRITORY

DISTRICT REGISTRY GENERAL DIVISION

JUDGES MAKING ORDER DATE OF ORDER WHERE MADE

No. ACT G 330 of 1984

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BETWEEN: RICHARD BROERS and HANS HOOGVLIET Appellants AND: PETER MISOSSIOU Respondent ORDER

Sheppard, Morling and Everett JJ.

6 December 1984

Sydney

THE COURT ORDERS AS FOLLOWS:

1. Appeal allowed.

2. Order of

Kelly J. varied by substituting for the

amount of the judgment the sum of $144,019.55.

3. Respondent to pay appellants' costs.

4. Respondent to have a certificate under the Federal

Proceedinas «Costs? Act 1981.

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No. ACT G 330 of 1984

DISTRICT REGISTRY GENERAL DIVISION

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BETWEEN : RICHARD BROERS and HANS — -HOOGVLIET " ; Appellants Respondent

CORAM: SHEPPARD, MORLING and EVERETT Jd. DATED: 6 DECEMBER 1984

REASONS FOR JUDGMENT

THE COURT: This is an appeal from a decision of a judge of the Supreme Court of the Australian Capital Territory in an action in which his Honour gave judgment for Peter Misossiou (the respondent) against the appellants for the sum of $174,019.55. The proceedings before the Supreme Court were by way of assessment of damages in respect of injuries received by the respondent as a result of the negligence of the appellants,