Bain, J.A. v Stafrace, J.E. [1987] FCA 700

- * BUDGMENT No. 7OCY A

CATCHWORDS

Negligence - actions by wife for damages for personal injury and bv husband for loss of wife's consortium - defendant in breach of duty of care to plaintiffs - finding by trial Judge that wife

suffered no iniury nor anv aggravation or exacerbation of an

existing injury in the accident - challenge to trial Judge's findings - analvsis of medical evidence - no question of principle.

JANET ANNE BAIN v. JOSEPH EMMANUEL STAFRACE No. A.C.T. G34 of 1987

JOHN ROBERT BAIN v. JOSEPH EMMANUEL STAFRACE No. A.C.T. G35 of 1987

Coram: Sheppard, Neaves and Miles JJ. Place: Canberra

Date : 27 November 1987

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY No. A.C.T. G34 of 1987

~~~ re

GENERAL DIVISION

On Appeal from the Supreme Court of the Australian Capital Territorv

BETWEEN :

JANET ANNE BAIN

Appellant AND: JOSEPH EMMANUEL STAFRACE Respondent JUDGES MAKING ORDER: SHEPPARD. NEAVES and MILES JJ. DATE OF ORDER : 27 NOVEMBER 1987 WHERE MADE 3 CANBERRA

MINUTES OF ORD

THE COURT ORDERS THAT: - 1. The appeal be dismissed.

2 The appellant pay the respondent's costs of the appeal.

NOTE: Settlement and entry of orders 1s dealt with in Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY No. A.C.T. G35 of 1987

~we eee

GENERAL DIVISTON

Qn Appeal from the Supreme Court of the Australian Capital Territory

BETWEEN : JOHN ROBERT BAIN

Appellant AND: JOSEPH EMMANUEL STAFRACE Respondent JUDGES MAKING ORDER: SHEPPARD, NEAVES and MILES JJ. DATE OF ORDER : 27 NOVEMBER 1987 WHERE MADE : CANBERRA

MINUTES OF ORDER

THE COURT ORDERS THAT: - 1. The appeal be dismissed.

2. The appellant pay the respondent's costs 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 AUSTRALTA