Forster, M.H. v. Dunstone, J.V. [1987] FCA 457

JUDGMENT NoAS

CATCHWORDS

APPEAL - Award of damages for personal injury - quantum of damages -

alleged factual errors by trial Judge - role of appellate court.

MARK H. FOSTER v. JACQUELINE VICKI DUNSTONE

ACT G43 of 1986

COURT: FISHER, LOCKHART and GUMMOW JJ. 24 AUGUST 1987

SYDNEY

OQURT OF

ALC FEO EA STRALIA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. ACT G43 of 1986

DISTRICT REGISTRY

GENERAL DIVISION

On appeal from the Supreme Court of the Australian Capital Territory

BETWEEN: MARK H. FOSTER Appellant AND: JACQUELINE VICKI DUNSTONE Respondent JUDGES MAKING ORDER: FISHER, LOCKHART and GUMMOW Jd. DATE OF ORDER: 24 AUGUST 1987 WHERE ORDER MADE: SYDNEY

MINUTE OF ORDERS

THE COURT ORDERS THAT:

1. The appeal be dismissed; and 2. The appellant pay the costs of the respondent of the appeal. 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 G43 of 1986

DISTRICT REGISTRY

wee we Sw

GENERAL DIVISION

On appeal from the Supreme Court of the Australian Capital Territory

BETWEEN: MARK H. FOSTER Appellant AND: JACQUELINE VICKI DUNSTONE Respondent

COURT: Fisher, Lockhart and Gummow JJ.

24 August 1987

REASONS FOR JUDGMENT

THE COURT

This is an appeal from an award of damages by the Supreme Court of the Australian Capital Territory (Miles C.J.) in an action for damages for personal injuries sustained by the respondent as a result of a motor vehicle accident on 5 August 1978. She was travelling as a passenger in a motor car driven by the appellant. The vehicle overturned when the appellant failed to negotiate a bend on the Oxley Highway whilst driving towards Port Macquarie. It was late at night. The respondent lost consciousness. She was taken to the Hastings Hospital at Port Macquarie where she spent the rest of the