Miller, Donald James & Anor v Hillsley, Ashley Sawyer [1996] FCA 386

C A T C H W O R D S APPEAL - award of damages for personal injuries - appeal against liability and components of damages for past loss of earnings, interest thereon and future loss of earning capacity - common law negligence and breach of statutory duty - appeal against liability not made out - no question of principle DAMAGES - loss of past earnings and future earning capacity - assessments too generous on the evidence - uncertainty, speculation and conjecture surrounding the respondent's hypothetical capacity and actual capacity - arithmetical approach to calculation of damages not possible - assessments based upon what is fair and reasonable in the circumstances Regulations under the Scaffolding and Lifts Act 1912-48, regs.73, 73(2), 80(6), 142(2)(g), 142(6)(c) Piening v Wanless (1968) 117 CLR 498 Scott v London and St. Katherine Docks Co. [1896] ER 665 ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY DONALD JAMES MILLER and ALEXANDRA MARY MILLER v. ASHLEY SAWYER HILLSLEY No. ACT G69 of 1995 CORAM: Gallop, Davies and Finn JJ. PLACE: Canberra DATE: 16 May 1996.

IN THE FEDERAL COURT OF AUSTRALIA) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G69 of 1995 DISTRICT REGISTRY ) ) GENERAL DIVISION ) ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: DONALD JAMES MILLER and ALEXANDRA MARY MILLER Appellants AND: ASHLEY SAWYER HILLSLEY Respondent CORAM:: Gallop, Davies and Finn JJ. DATE: 16 May 1996 CANBERRA MINUTES OF ORDER THE COURT ORDERS THAT: (1) The appeal is allowed; (2) The judgment of the Supreme Court is varied to the extent that there be judgment for the respondent in the sum of $277,183.62; and (3) The appellant pay 50% of the respondent's costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.