Federal Court of Australia
Gos
CATCHWORDS
Damages - Appeal - Allegedly inadequate - No new question of
principle involved.
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
ROBERT WILLIAM MUIR v. ROSITA GOMEZ and ALEXANDER SALVADOR GOMEZ
No. ACT G53 of 1985
CORAM: Evatt, Kelly & Neaves JJ 5 December 1986
Canberra, A.C.T.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
)
) No, ACT G.53 of 1985 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ROBERT WILLIAM MUIR Appellant AND: ROSITA GOMEZ First Respondent AND: ALEXANDER SALVADOR GOMEZ
Second Respondent
ORDERS
JUDGES MAKING ORDERS: Evatt, Kelly and Neaves JJ WHERE MADE: Canberra, A.C.T. DATE: 5 December 1986
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondents' costs.
NOTE: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules.
*
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. ACT G.53 of 1985 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ROBERT WILLIAM MUIR Appellant AND: ROSITA GOMEZ First Respondent
AND: ALEXANDER SALVADOR GOMEZ
Second Respondent
CORAM: Evatt, Kelly and Neaves JJ
5 December 1986
REASONS FOR JUDGMENT
EVATT, KELLY and NEAVES JJ
On 23 September 1982 the appellant, who was then a motorcycle policeman in the Australian Federal Police, Sustained severe personal injuries due to the negligence of the respondents. At the time of the accident he was standing behind a motor vehicle, which he had stopped, and was talking to its driver. He had parked his motorcycle
still further behind the vehicle. A motor vehicle owned by
the first respondent and driven by the second respondent collided with his motorcycle and squashed the appellant
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