Australia Postal Commission v Griffiths, W. [1987] FCA 723

JUDGMENT No. Ta] WA

CATCHWORDS

Damages for personal injury - challenge to assessment of damages for whiplash injury resulting in fusion of cervical spine at two levels - plaintiff found to be totally incapacitated for work - award of $541,132.59 said to be excessive - analysis of amounts included in the award for loss of past and future earning capacity and for general damages - amount, although high, not found to be excessive -

no question of principle.

Bresatz and Another v. Przibilla and Another (1962) 108

C.L.R. 541 at p.544

AUSTRALIAN POSTAL COMMISSION v. WARREN WILLIAM GORDON

GRIFFITHS

No. ACT G29 of 1987

Coram: Sheppard, Neaves and Miles JJ. Place: Canberra Date: 15 December 1987

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

No. ACT G29 of 1987

GENERAL DIVISION

On Appeal from the Supreme Court of the Australian Capital Territory

BETWEEN: AUSTRALIAN POSTAL COMMISSION

Appellant AND: WARREN WILLIAM GORDON GRIFFITHS Respondent

JUDGES MAKING ORDER: : SHEPPARD, NEAVES AND MILES JJ. DATE OF ORDER: 15 DECEMBER 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 AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

No. ACT G29 of 1987

GENERAL DIVISION

On Appeal from the Supreme Court of the Australian Capital Territory

BETWEEN: AUSTRALIAN POSTAL COMMISSION

Appellant AND: WARREN WILLIAM GORDON GRIFFITHS Respondent

CORAM: SHEPPARD, NEAVES and MILES JJ.

DATE: 15 DECEMBER 1987

REASONS FOR JUDGMENT THE COURT: This 1S an appeal by the defendant, Australian Postal Commission, against an award of damages in the Supreme Court of the Australian Capital Territory in favour of the plaintiff, Warren William Gordon Griffiths.