Davies, L. v Ninness, G.M. [1986] FCA 105

CATCHWORDS Damages - award for personal injuries ~- plaintiff 66 years of age at time of trial, 60 vears of age at date of injury - serious iniuries to left arm - other injuries resulting in permanent pain and disability, including double vision - award reduced - no

question of principle.

LESLEY DAVIES v. GWENDOLINE MAY NINNESS _—__ooo

No. ACT G48 of 1985

Coram: Sheppard, Neaves and Pincus Jd. Date : 6 March 1986

Place: Canberra

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IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY No. ACT G48 of 1985

GENERAL DIVISION

BETWEEN : LESLEY DAVIES

Appeltant

GWENDOLINE MAY NINNESS

Respondent

JUDGES MAKING ORDER: Sheppard, Neaves and Pincus Jd. DATE OF ORDER : 6 March 1986 WHERE ORDER MADE : Canberra

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The amount of the fudgment entered in favour of the respondent in the Supreme Court of the Australian Capital Territory be varied by substituting for the amount of $90,300, the amount of $64,670.

3. The respondent pay the appellant's costs of the appeal.

NOTE: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

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IN_THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY No. ACT G48 of 1985

GENERAL DIVISTON

BETWEEN : LESLEY DAVIES

Appellant

GWENDOLINE MAY NINNESS

Respondent

CORAM: Sheppard, Neaves and Pincus Jd,

DATE : 6 March 1986

REASONS FOR JUDGMENT

THE COURT: This is an appeal from a judaqment of the Supreme

Court of the Australian Capital Territory (Gallop J.) by which it was adjudged that the respondent should recover from the appellant the sum of $90,300 by wav of damages in respect of personal injuries suffered by the respondent in a motor accident.