Federal Court of Australia
JUDGMENT No. 22.4. 33_.
CATCHWORDS
PERSONAL INJURIES ~— damages - quantum - damages claimed to be excessive - appeal - appeal dismissed.
TREVOR RAYMOND OLIVER and JOHN PATTERSON v. NICHOLAS GRAY
No. ACT G39 of 1987
CORAM: MORLING, PINCUS and MILES JJ. cc
Canberra 4 M boy I 948 PESSIVED CE MAY INS
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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION
No. ACT G39 of 1987
ee ee ee ee ee ee er
On appeal from the Supreme Court of the Australian Capital Territory
BETWEEN:
MINUTE OF
JUDGES MAKING ORDER
DATE OF ORDER
TREVOR RAYMOND OLIVER and JOHN PATTERSON
Appellants NICHOLAS GRAY
Respondent
ORDER
Morling, Pincus and Miles JJ. 3 May 1992
WHERE MADE 3 Canberra
THE COURT ORDERS AS FOLLOWS:
1. Appeal dismissed. 2. Appellants to pay respondent's costs. NOTE: Settlement and entry of orders is dealt
with in Order 36 of the Federal Court
Rules.
ae
IN TRE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G39 of 1987 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
On appeal from the Supreme Court of the Australian Capital Territory
BETWEEN: TREVOR RAYMOND OLIVER and JOHN PATTERSON
Appellants AND: NICHOLAS GRAY
Respondent
CORAM MORLING, PINCUS and MILES, JJ.
DATED: 3 May 1998
REASONS FOR JUDGMENT
MORLING and MILES JJ.:
The respondent sued the appellants in the Supreme Court of the Australian Capital Territory for damages for personal injuries sustained by him in a motor vehicle accident which occurred on 27 May 1978. The appellants admitted liability and the trial was limited to the assessment of damages. The learned trial judge assessed damages in the sum of $272,000 and entered judgment accordingly. The appellants appeal against that decision upon the ground that the damages
awarded were excessive.
2.
At the date of the accident in which he received his injuries, which was 27 May 1978, the respondent was aged 18 years. The action was heard in the Supreme Court some nine years after the accident, and at the date of hearing the respondent was almost 28 years of age. At the time of the accident, he was a pillion passenger on a motor cycle. He was thrown to the roadway and sustained a severe compound fracture of the right leg involving the lower two-thirds of the right tibia and fibula with severe residual disabilities in the right
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