PESKA V. FERCAK

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1N THE HIGH COURT OF AUSTRALIA

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REASONS FOR JUDGMENT ' Zz #,} 9

Judgment delivered at__SYDNEY on___ TUESDAY, 25th JULY.1964.

1. MC Morton, Gort Peat., Melb,

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PESKA v. FERCAK

ORDER

Judgment of the Supreme Court of the Australian Capital Territory varied by substituting the sum of £7,500 for the sum of £10,000. Otherwise appeal dismissed. Respondent to pay the costs of the appeal.

ESKA ve. FERCAK

KiTTo J. TAYLOR J.

ESKA v. FERCAK

The appellant in this case was the defendant, and the respondent was the plaintiff, in an action in the Supreme Court of the Australian Capital Territory. The action was for damages for personal injury arising out of a collision which took place between two motor cars, driven by the appellant and the respondent respectively, at the intersection of two roads in the Territory, in October 1958. The respondent was seriously injured. The. action was tried by Joske J., who awarded the respondent £10,000.

The appellant submits two main contentions. First, he

says that on the facts which the trial judge may be supposed to have found some share in the responsibility for the damage should have been attributed to the respondent, and that accordingly the damages recoverable by the respondent should have been reduced under s. 15 of the Law Reform (Miscellaneous Provisions) Ordinance 1955 (No, 3 of 1955). Secondly, he contends that £10,000 was an excessive amount at which to assess the damages.

The collision occurred at the intersection of Canberra Avenue, which thereabouts runs east and west, and a road running north and south called on the south of Canberra Avenue Barrallier Street and on the north of Canberra Avenue Cunningham Street. Canberra Avenue is a main traffic artery leading out of the capital, and consists of two carriageways, separated from one another by a plantation strip which, it is agreed, is about twenty feet in width. The more northerly carriageway is restricted to east-bound traffic only and the more southerly to west-bound traffic only. The incident occurred at about 4.50 pem. on 13th October, in broad daylight, the weather being fine and the road dry. The collision came about