Federal Court of Australia
CATCHWORDS
Appeal - defence of volenti non fit injuria ~ rejection of defence - contributory negligence - apportionment of liability - grounds for interfering with apportionment - role of
appelIate court
Damages - appeal against quantum ~ no new question of principle
Law Reform (Miscellaneous Provisions) Ordinance 1955, s.15(1)
Australian Capital Territory Supreme Court Act 1933, s.53A{(1)
Whim Creek v. Federal Commissioner of Taxation (1977) 17 ALR 421
Roggenkamp v. Bennett (1950) 80 CLR 292 Pennington v. Norris (1956) 96 CLR 10
Watt v. Bretag (1982) (1982) 41 ALR 597 Unwin v. Clarke (unreported, 18 April 1984)
Combridge v. White (unreported, 22 March 1985) O'Brien v. McKean (1968) 118 CLR 540 Griffiths v. Kerkemeyer (1977) 139 CLR 161 Hodges v. Frost (1984) 53 ALR 373
KEVIN BOLTON v. MARIO PANGALLO
MARIO PANGALLO v. KEVIN BOLTON
A.C.T. No. G.24 of 1986 A.C.T. No. G. 26 of 1986
Coram: Gallop, Neaves and Spender JJ. Date: 24 April 1987.
Canberra.
FEDERAL COURT OF AUSTRALIA
\ PRINCIPAL, REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
ee Ee ee ee SS Oe ee
No. ACT G24 of 1986 DISTRICT REGISTRY
GENERAL DIVISION
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ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: KEVIN BOLTON Appellant AND: MARIO PANGALLO
Respondent
No. ACT G26 of 1986 BETWEEN: MARIO PANGALLO Appellant AND: KEVIN BOLTON
Respondent
ORDER
Judges Making Order : Gallop, Neaves and Spender JJ. 24 April 1987.
Date of Order
Where Made
Canberra.
THE COURT ORDERS THAT:
(1) The appeal be dismissed with costs. (2) The cross-appeal be dismissed with no order as to
costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
' Fe er aS Van, meee eet EU ~ alan ee
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G24 of 1986 DISTRICT REGISTRY
eee Ow
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