THE PUBLIC TRUSTEE FOR VICTORIA V. THE COMMONWEALTH OF AUSTRALIA

6.1978/85

W. M. Houstox, Govt. Print., Melb.

' © ha

IN THE HIGH COURT OF AUSTRALIA

—THE..PUBLIC. TRUSTEE. FOR VICTORIA

_THECOMMONWEALTH..OF..AUSTRALIA.—

REASONS FOR JUDGMENT

Judgment delivered at..Sydney..

-on.... Thursday-y--19th-December--4957—-

THE PUBLIC TRUSTEE FOR VICTORIA

ve

THE COMMONWEALTH OF AUSTRALIA

ORDER

wath o> Appeal allowed, Judgment of the Chief Justice

of Tasmania varied by substituting the figures £3000 for the figures £2750.

THE PUBLIC TRUSTEE FOR THE STATE OF VICTORIA

Ve

THE COMMONWEALTH

JUDGMENT DIXON C.J. WILLIAMS J. WEBB J.

THE PUBLIC TRUSTEE FOR THE STATE OF VICTORIA

Ve

THE COMMONWEALTH

These are an appeal and a cross appeal from a judgment of Burbury C.J. in an action brought under the Fatal accidents Act 1934 (Tas.) by a legal personal representative.

The action was brought for the benefit of the only surviving child of Robert William Stephens who was killed on 20th January 1956. His death was the result of a collision on the Midlands Highway between the car he was driving and a military vehicle of the Commonwealth, which is the defendant in the action and the respondent and cross appellant in this Court. In the car driven by Stephens besides the child who survives, a son, there were his wife, two infant daughters and another son. He himself, his wife and these three children were killed in the accident. The boy who survived is the only remaining member of the family.

At the time of the accident he was three years of age.

The Commonwealth admitted liability and the question before the Chief Justice was the assessment of damages.

At the time of his death the deceased was 39 years of age. He' was employed in a subsidiary company of Australian National Airways Pty. Ltd. at Essendon, Victoria, and was receiving a salary of £1067. 8. 0 per annum. He might have reasonably expected increments of £100 a year until in five years time he reached a maximum salary of £1750.