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IN THE HIGH COURT OF AUSTRALIA
LEGGE
REASONS FOR JUDGMENT
Oral Judgment delivered at... SYAM@Y
W. a, Housrox Gove Print, Mets. on. Friday,.16th August. 1957 _
.3078/65
JUDGMENT
(ORAL)
DIXON C.J.
McTIERNAN J.
ILLIAMS J.
WEBB _J.
TAYLOR J.
BEDFORD
A case of this kind places a responsibility upon
the jury as well as upon the Courts which have to deal with it.
The circumstances are unusual; the injuries are of the gravest
character. The degree of prejudicial influence they may have
on this girl's life is great and the prospects of any amelioration
are uncertain, although they exist.
We think that we ought not to interfere with the
decision of the Supreme Court upholding the verdict. We are
alive to the fact that the verdict is a very large one. But
the Supreme Court have regarded it as within the reasonable
bounds of what the jury might do and in that view we agree.
Taking the most favourable view of the evidence for
the plaintiffs as the jury were entitled to do, we think the
werdict cannot be regarded as so excessive as to be outside the
Limits of what it is possible for the jury to assess.
Some criticisms have been made of the judgments of
the Supreme Court but they amount to merely qualifications of
epithets that have been used. We think, even assuming that
those qualifications should be made, that the substance of the
Judgment of Mr. Justice Owen remains unaffected and that it is
correct. The Supreme Court properly refused the application
for a new trial on the grounds of excessive damages. We will
therefore dismiss the appeal with costs.
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