Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Magnus v South Pacific Air Motive Pty Ltd [2001] FCA 465
damages – Assessment of damages for nervous shock – Circumstances in which damages are available – Necessity for psychological injury – Claims made by parents of schoolboys involved in plane crash – Boys not physically injured – In respect of each parent, whether there was a psychological injury – Extent of injury – Damages assessed. Mount Isa Mines Limited v Pusey (1970) 125 CLR 383 referred to. McLoughlin v O'Brian [1983] AC 410 referred to. Jaensch v Coffey (1984) 155 CLR 549 applied. Morgan v Tame (2000) 49 NSWLR 21 applied. KENNETH MAGNUS v SOUTH PACIFIC AIR MOTIVE PTY LIMITED, GROUP AIR PTY LIMITED, CIVIL AVIATION SAFETY AUTHORITY NG194 of 1997 WILCOX J SYDNEY 27 APRIL 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG194 of 1997
BETWEEN: KENNETH MAGNUS
APPLICANT
AND: SOUTH PACIFIC AIR MOTIVE PTY LIMITED
FIRST RESPONDENT
GROUP AIR PTY LIMITED
SECOND RESPONDENT
CIVIL AVIATION SAFETY AUTHORITY
THIRD RESPONDENT
JUDGE: WILCOX J
DATE OF ORDER: 27 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The proceeding be listed for mention at 9.30am on Friday, 25 May 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG194 of 1997
BETWEEN: KENNETH MAGNUS
APPLICANT
AND: SOUTH PACIFIC AIR MOTIVE PTY LIMITED
FIRST RESPONDENT
GROUP AIR PTY LIMITED
SECOND RESPONDENT
CIVIL AVIATION SAFETY AUTHORITY
THIRD RESPONDENT
JUDGE: WILCOX J
DATE: 27 APRIL 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
WILCOX J: 1 These reasons for judgment deal with the assessment of the damages sustained by three persons on whose behalf this proceeding has been brought: Kenneth Magnus, the applicant in the proceeding, Marilyn Ann Magnus, wife of the applicant and a group member, and James Garrey Hall Maxwell, another group member.
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