Federal Court of Australia
. CATCHWORDS
Action for damages in respect of death of wife - Findings that deceased would have continued to work and have no children - Remarriage before trial - Finding that second wife who had one child at remarriage and one thereafter and planned to have one more would never work for gain - Whether
admitted loss from death balanced by services rendered by
second wife.
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
GERARD CAELLI v. ANTONIO LOPEZ
No. ACT G50 of 1985
CORAM: Evatt, Kelly & Neaves JJ
19 December 1986
Canberra, A.C.T.
.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. ACT G.50 of 1985 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT
OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: GERARD CAELLI Appellant AND: ANTONIO LOPEZ
Respondent
CORAM: Evatt, Kelly and Neaves JJ
PLACE: Canberra, A.C.T.
DATE: 19 December 1986
MINUTE OF ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellantg pay the respondent's costs to be taxed.
Note: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G 50 of 1985 DISTRICT REGISTRY
GENERAL DIVISION
ON_ APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN : GERARD CAELLI Appellant
AND: ANTONIO LOPEZ Respondent
CORAM: Evatt, Kelly and Neaves JJ.
DATE: 19 December 1986
REASONS FOR JUDGMENT:
Evatt and Neaves JJ.
Gerard Caelli ("the appellant") has appealed to this
Court from a judgment of the Supreme Court of the Australian Capital Territory whereby he was awarded damages in the sum of $14,356.55 against Antonio Lopez ("the respondent"). The
damages were awarded under the Compensation (Fatal Injuries)
Ordinance 1968 (A.C.T.) ain respect of the death of the appellant's wife caused, as was admitted, by the negligence of the respondent. The appeal is brought on the ground that the
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