Federal Court of Australia
2 SFEB 1987
FEDERAL COURT OF AUSTRALIA € &
CATCHWORDS
PRINCIPAL REGISiAY
Appeal - quantum of damages - alleged factual errors by trial
judge - role of appellate court.
Damages - original injury aggravated by subsequent incidents
and medical treatment - foreseeability.
On Appeal from the Supreme Court of the Australian Capital Territory
MECHO CONSTRUCTIONS PTY LIMITED v. WILLIAM ROY RYAN
A.C.T. No. G.15 of 1986
Coram: Fisher, Gallop and Neaves JJ. Date: 19 February, 1987
Canberra.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G15 of 1986 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: MECHO CONSTRUCTIONS PTY LIMITED Appellant
AND: WILLIAM ROY RYAN
Respondent
ORDER
Judges Making Order Fisher, Gallop and Neaves JJ.
Date of Order 19 February, 1987
Where Made
Canberra.
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
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 G15 of 1986 DISTRICT REGISTRY
ee SS SS
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: MECHO CONSTRUCTIONS PTY LIMITED
Appellant
AND: WILLIAM ROY RYAN
Respondent
Coram: Fisher, Gallop and Neaves JJ.
Date: 18 February, 1987
REASONS FOR JUDGMENT
THE COURT
This 1S an appeal against the quantum of damages awarded by the Chief Justice of the Supreme Court of the Australian Capital Territory in an action for damages for personal injuries brought by the respondent against the appellant. The award of damages was $212,450 composed of
the following heads of damage as found by the trial judge:
Past loss of earning capacity $ 25,450 Future loss of earning capacity 152,000 Out of pocket expenses Nil
Pain and suffering etc. 35,000
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