uta /38 W. M. Houston, Govt. Print. Melb. ARCHER AND THE NATIONAL A LIMITED eee 9 8 5) Fe — REASONS FOR JUDGMENT een ee ee 6 Baba Se oP catamaRiaR an caetee! ca st a s 4a a '| Judgment delivered at... Sydney... on Thursday ,..6th. April.1964....... THE NATIONAL a MER COMPANY OF Es iE Appeal disnissed with costs. 'UDGMENT THE NATION. INSURANCE CO. OF NEW ve iD LTD. DIXON ¢.J. THE NATIONAL INSURANCE CO. OF NEW ZEALAND LTD. ve LLL In my opinion the assessment of damages made by Stanley J- was not excessive having regard to the serious and enduring character of the injuries to the plaintiff. The appeal should be dismissed. NATIONAL INS CE COMPANY OF NEW Ve EILL LAND LIMITED M& N Js Ve EILL The plaintiff, Lill, was injured in the same accident. The trial judge awarded her the sum of £11,077. 14, 0. consisting of £10,500 general damages and £577~ 14. 0. special damages. The defendants claim that this award is excessive, The evidence shows that the girl suffered substantial injuries, She suffered a fracture of the skull which led to two brain operations of a serious nature. Asa result of her injury she has a minor type of epilepsy, damage to her left eye and deafness in her left ear. There are . scars on her body. Her prospects of marriage and future employment have been seriously impaired. In my opinion, the sum of £10,500 awarded for these injuries cannot be regarded as excessive, The defendants claim that the incidence of income tax should have been taken into account in the assessment of the special damages. The amount involved £577. 14. 0.) is a small one and I see no substantial reason to interfere with the judge's finding and computation of loss. I would dismiss the appeal. JUDGMENT. THE NATIONAL INSURANCE COMPANY OF New ZEALAND LTD. ve LILL FULLAGAR J. THE ae INSURANCE cob ane ve LILL I agree that this appeal should be dismissed. THE NATIONAL INSURANCE CO. OF NEW ZEALAND LIMITED Ve LILL TuDGvEwe MENZIES J. THE NATIONAL INSURANCE CO. OF NEW ZEALAND LIMITED Ve LLL In this case Stanley J. awarded the plaintiff Lill £11,077 damages against the defendants for injuries she suffered in a motor-car accident, and the appeal to this Court was brought by the defendant Insurance Company against the amount of the award. To dispose of this appeal, which was heard together with the appeal in The National Insurance Co. of New Zea te Espa » I need say no more than that having regard to the very serious injuries which she, a girl of sixteen, suffered, there is no ground whatever for a court of appeal reducing the damages awarded at the trial. I would dismiss the appeal. NATIONAL INSURANCE COMPANY OF NEW ZEALAND LIMITED Ve LILL JUDGMENT WINDEYER Je NATIONAL INSURANCE COMPANY OF NEW ZEALAND LIMITED ve LILL I agree.