Federal Court of Australia
JUDGMENT No. 397 / &&
CATCHWORDS
EVIDENCE - admissibility of witnesses' opinion re cause of motor vehicle accident - whether evidence admissible as that of
an expert
EVIDENCE - effect of wrongful admission thereof - discretion of appellate court to refuse to order a new trial due to
insignificance of such evidence
Clark v. Ryan (1960) 103 CLR 486
Sweeney v. Boulton (1984) 2 MVR 124
Jones v. Dunkel (1959) 101 CLR 298
West v. Government Insurance Office of NSW (1981) 148 CLR 62
On Appeal from the Supreme Court of the Australian Capital Territory
COMMONWEALTH OF AUSTRALIA
Ve
CAROLYN JOAN FLYNN as widow of the late LEONARD THOMAS FLYNN
A.C.T. No. G87 of 1987
Coram: Forster, Gallop and Spender JJ.
Date: 27 July 1988 Canberra.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G87 of 1987 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: COMMONWEALTH OF AUSTRALIA
Appellant
AND: CAROLYN JOAN FLYNN as widow of the late LEONARD THOMAS FLYNN
Respondent
ORDER
Judges Making Order Forster, Gallop and Spender JJ.
Date of Order 27 July 1988
Canberra.
Where Made
THE COURT ORDERS THAT:
(1) The appeal be dismissed with costs.
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 G87 of 1987 DISTRICT REGISTRY
ee ee
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: COMMONWEALTH OF AUSTRALIA
Appellant
AND: CAROLYN JOAN FLYNN as widow of the late LEONARD THOMAS FLYNN
Respondent
Coram: Forster, Gallop and Spender JJ.
Date: 27 July 1988
REASONS FOR JUDGMENT
THE COURT:
The unsuccessful defendant in an action for damages under the Compensation (Fatal Injuries) Ordinance 1968 has appealed against the judgment for the plaintiff in the sum of $238,589 in the Supreme Court of the Australian Capital Territory. The claim was brought by the plaintiff on behalf of herself and the two infant children of the deceased Leonard Thomas Flynn. The trial of the action was heard on 19, 20 and 21 August 1987 and the judgment of the Court (Miles C.J.) was delivered on 13 November 1987.
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