Mildren, E.R. v Nichols, A.V. [1986] FCA 274

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DAMAGES - Adequacy - Future pain and suffering - Loss of earning capacity - Desirability of future operation - Chance of success -

Operation in fact occurring before appeal.

ELIZABETH ROBYN MILDREN v ALAN VINCENT NICHOLS

No. N.T. G2 of 1986

EVATT, SHEPPARD and PINCUS JJ SYDNEY

4 JULY 1986

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IN_THE FEDFRAL COURT OF AUSTRALTA ) NORTHERN TERRITORY DISTRICT REGISTRY ) No. NTG 2 of 1986

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA

BETWEEN :

ELIZABETH ROBYN MILDREN Appellant

AND:

ALAN VINCENT NICHOLS

Respondent

CORAM: : Evatt. Sheppard, Pincus JJ

DATE OF ORDER: 4 July 1986

WHERE ORDER MADE: Sydney

MINUTE OF ORDER

THE COURT ORDERS THAT:

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The appeal be allowed.

The amount of the judgment entered in favour of the appellant in the Supreme Court of the Northern Territory be varied by substituting for the amount of $32,728.30, the

amount of 347,728.30.

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

Note: Settlement and entry ot orders 15 dealt with in Order

36 of the Federal Court Rules.

Rae ous we,

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IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) N.T.G. 2 of 1986 )

GENERAL DIVISTON

ON APPEAL FROM THE SUPREME COURT

OF THE NORTHERN TERRITORY OF AUSTRALTA