Federal Court of Australia
JUBGMINT i'5 4277738
CATCHWORDS
DAMAGES - appeal against adequacy of awards for general damages
and loss of earning capacity - no new question of principle
Browne v. Dunn (1894) 6 R. 67 (H.L.)
Purkess v. Crittenden (1965) 114 C.L.R. 165
Watts v. Rake (1960) 108 C.L.R. 158
On Appeal from a single Judge of the Supreme Court of the Austral1ran Capital Territory
ARMIN RAUBER Ve
STANISLAW SAMOTY
A.C.T. No. G90 of 1987
Coram: Gallop, Neaves and Spender JJ. Date: 5 August 1988. Canberra.
RAL OER USTRALIA
PRINCIPAL REGISTRY
~
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G90 of 1987 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ARMIN RAUBER
Appellant and Cross~-Respondent {Defendant)
AND: STANISLAW SAMOTY
Respondent and Cross~Appellant (Plaintiff)
ORDER
Gallop, Neaves and Spender JJ.
Judges Making Order
Date of Order 5 August 1988.
Where Made Canberra.
THE COURT ORDERS THAT:
(1) The plaintiff's cross-appeal be dismissed with costs.
{2) The defendant's appeal be dismissed with costs.
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
No. ACT G90 of 1987 DISTRICT REGISTRY
were eS Se
GENERAL DIVISTON
ON APPEAL FROM A SINGLE JUDGE OF THE THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ARMIN RAUBER Appellant and Cross~Respondent (Defendant)
AND: STANISLAW SAMOTY
Respondent and Cross-Appellant (Plaintiff)
Coram: Gallop, Neaves and Spender JJ.
Date: 5 August 1988.
REASONS FOR JUDGMENT
THE COURT:
This 1S an appeal by the plaintiff, Stanislaw Samoty, against the adequacy of an assessment of damages made by the Supreme Court of the Australian Capital Territory (Miies C.J.).
The plaintiff suffered injury on 28 October 1979 when the vehicle in which he was travelling as a passenger overturned near Bungendore in New South Wales. He had been wearing a seatbelt and was assisted by the driver from the
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