HILL V. FERGUSON AND OTHERS 3/1953

"or 19G5S * . } 1953 Woes eS |

IN THE HIGH COURT OF SOSTRALIA if

HILL

FERGUSON AND. OTHERS

REASONS FOR JUDGMENT

J.J Gourley, Gort. Print, Merb,

©.7105/51 on.Monday the 22nd June, 1953. _

HILL

ve

FERGUSON & OTHERS,

ORDER

Appeal allowed with costs. Judgment below set aside.

" with costs In lieu thereof judgment for plaintiff for £1,70Q%% Liberty to apply to the Supreme Court for.payment out of the moneys paid

into court,

HILL

Ve

FERGUSON & OTHERS.

JUDGMENT, WILLIAMS J. FULLAGAR J,

KITTO J.

JUDGMENT.

ve

FERGUSON & OTHERS.

WILLIAMS J. FULLAGAR J.

KITTO J,

This appeal is brought from a judgment given by Abbott J. upon the trial of an action in the Supreme Court of South Australia.

. The appellant was the plaintiff in the action, and the demages she sought were for negligence on the part of the defendants in relation to an explosion of fireworks at an entertainment which she. attended as a spectator, the negligence having resulted in a small piece of brass from the explosion piercing her right eye. No defence to the action was filed. Out-of-pocket expenses were agreed at £200, so that the only question for decision was as to the amount to be awarded for general damages. The learned judge awarded £800 under this

head, and accordingly gave judgment for the plaintiff for £1,000 in all.

The principles to be applied in the determina- tion of an appeal against the quantum of damages assessed by a judge sitting without a jury have been stated in the cases of

Lee Transport Co. Lid. v. Watson, (1940) 64 C.L.R. 1, and Pamment

ve. Pawelski, (1949) 79 C.L.R. 406. The appellant being a plaintiff who complains that the amount awarded is inadequate, we have to ask ourselves whether that amount is so very small as to be, in our judgment, an entirely erroneous estimate of the damages

to which the plaintiff is entitled. We must, of.course, give