MURRUMBIDGEE COUNTY COUNCIL V. HUGHES

.

IN THE HIGH COURT OF AUSTRALIA ry

REASONS FOR JUDGMENT

Judgment delivered at... VOREY cc eeeceene Wedne 7 7th Avril 1971

THE MURRUMBIDGEE COUNTY COUNCIL

Ve

HUGHES

ORDER

Appeal dismissed with costs.

THE MURRUMBIDGEE COUNTY COUNCIL

Ve

HUGHES

JUDGMENT McTIERNAN J.

THE MURRUMBIDGEE COUNTY COUNCIL Ve

HUGHES

I agree in the reasons for judgment prepared by Walsh J. and would therefore dismiss the appeal.

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THE MURRUMBIDGEE COUNTY COUNCIL

HUGHES

THs MURRUMBIDGEE COUNTY COUNCIL

Notwithstanding my conviction that, had it been my duty to assess damages in this case, I would have chosen a figure substantially less than that awarded by the jury, I have satisfied myself that this would have been the result of my taking a view of the evidence of the plaintiff's lost working capacity different from that which the jury must have taken and which I cannot but recognise was a view that could not unreasonably. have been taken.

I have read the judgment of Walsh J. and agree with

his reasons for dismissing the appeal. THE MURRUMBIDGEE COUNTY COUNCIL

HUGHES

JUDGMENT WINDEYER J.

THE MURRUMBIDGEE COUNTY COUNCIL

Vv.

HUGHES

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In my opinion the Court of Appeal Division of the Supreme Court rightly dismissed the appeal from the judgment given at nisi prius. I do not think that it can be said that the jury's verdict was not open to them. It cannot be described as an assessment that no reasonable men could make on the evidence that was before them. I do not wish to add anything in explanation of my conclusion beyond saying that I agree in the analysis of the facts that my brother Walsh has made in his judgment, which I have read. I can see no ground for this Court to