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IN THE HIGH COURT OF AUSTRALIA
HODGINS
REASONS FOR JUDGMENT
Oral
Judgment delivered at....
Monday 17th November 1969
on.
CT HOSPITAL
HODGINS
ORDER
Appeal dismissed with costs.
THE MOREE DISTRICT HOSPITAr,
Ve
HODGINS
(ORAL)
THE MORES DISTRICT HOSPITAL
ve
HODGINS
Having heard all Mr. Mahoney has said, I find
* no reason to disagree with the judgment of the Supreme
Court that the jury could properly conclude that the
appellant had not taken reasonably adequate safeguards
to protect the respondent from what was obviously a risk
of injury in the performance of his work as a boiler
attendant and that the respondent had not contributed to
his own injury by failing to take reasonable care for his
own safety. I agree with the reasons of the Supreme Court
for reaching that conclusion.
Further, I agree with the Supreme Court that the
jury's verdict was excessive and that the Supreme Court
properly set it aside. The Supreme Court itself assessed
the damages which it is now entitled to do. I am not
satisfied that, having regard to the respondent's injuries,
the amount of damages assessed by the Supreme Court, namely,
$20,000 in all, was outside the range of a proper exercise
of discretion in the assessment of damages.
Accordingly, in my opinion, this appeal should be
dismissed.
THE MOREE DISTRICT HOSPITAL
Ve
HODGINS
JUDGMENT KITTO J.
(ORAL)
THe MOREE DISTRICT HOSP
Ve
HODGINS
I agree.
THE MOREE DISTRICT HOSPITAL
Ve
HODGINS
JODGMENT
CORAL
S
THE MOREE DISTRICT HOSPITAL
ve
HODGINS
I agree.
DHE MOREE DISTRICT HOSPITAL
Ve
HODGINS
SUDGHENT
(ORAL)
THE MOREE DISTRICT HOSPITAL
Ve
HODGINS
I agree.
THE MOREE DISTRICT HOSPITAL
Ve
HODGINS
JUDGMENT" WALSH J.
~ (ORAL),
THE MOREE DISTRICT HOSPITAL
ve
HODGINS
I agree.
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