BRANDI V. MINGOT

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IN| THE HIGH COURT OF AUSTRALIA

REASGRS FOR JUBGMENT

Judgment delivered at seo DN nenentnnesenenentente

on... WEDNESDAY...2/1, NOVEMBER. .1979... ere

RM74/30574

BRANDI Vv.

MINGOT

ORDER

Appeal allowed with costs.

Judgment of the Full Court of the Supreme Court of Victoria set aside. In lieu thereof order that the appeal to that Court be allowed with costs and that the verdict and judgment appealed from be set aside and that there be a new trial of the action limited to the issue of damages and that the defendant pay the

plaintiff's taxed costs of the trial.

BRANDI

MINGOT

JUDGMENT GIBBS A.C.J. STEPHEN J. MASON J. AICKIN J.

BRANDI

MINGOT

This is an appeal by an appellant in person against the dismissal by the Full Court of the Supreme Court of Victoria of his appeal against the quantum of damages awarded to him by verdict of a jury in an action for personal injuries. The appellant had been involved in a motor car accident in April 1964. His writ was issued in December 1965 but the trial did not take place until July 1975, more than eleven years after the accident. The trial was confined to the assessment of damages, liability being admitted. The jury's verdict was for $10,000.

On the appeal to this Court the appellant, now appearing in person, proved unable to provide the Court with any assistance in understanding his appeal. In consequence it has been necessary to have recourse to his notice of appeal, which was prepared professionally, and toexamine in detail, in the light of the grounds there stated, the transcript of evidence, the learned trial judge's charge to the jury and the reasons for judgment of the Full Court.

Before the Full Court two principal grounds of appeal were relied upon, that the damages awarded were so unreasonably

low as to call for the setting aside of the verdict and that the