MORGAN V. HOSKING 9/1960

Sena '

IN THE HIGH COURT OF AUSTRALIA

MORGAN

HOSKING

REASONS FOR JUDGMENT Jd 6

Judgment delivered at.....ydney. - Thursday

'W. M. Houston, Govt. Print., Melb. on./ 15th. December, Sh)

1978/85

MORGAN v. HOSKING ORDER

Appeal and cross-appeal dismissed.

MORGAN v. HOSKING

ZUDGMENT KifTo J. MENZIES J.

WINDEYER J.

MORGAN v. HOSKING

The appellant was seriously injured in a street accident by the negligence of the respondent on 24th June 1957. She was awarded by Ross J. £16,000 general damages and £2,994. 16s. 7d. special damages. She appeals to this Court on the ground that the £16,000 was inadequate as general damages, and the respondent cross-appeals on the ground that it is excessive.

At the time of the accident the appellant was a schoolgirl fifteen years of age. Ross J., in his reasons for judgment, described her as she then was by saying:

"She was a happy, healthy, intelligent girl who enjoyed her school and home life, showed considerable promise in her school work, and had many friends. She enjoyed playing games and was a good tennis player and captain of a basketball team. She was interested in needlework, had won prizes for this sort of work and had an ambition to become a dressmaker. Upon the evidence given she had every prospect of living a full, happy and useful life.".

The accident caused.the plaintiff a fracture of the nose and of the jaw, a laceration of the forehead, and grave damage to the brain. She was for about nine months unconscious or nearly so, and though her condition has since improved she remains and will remain for the rest of her life (to use his Honour's words) "an inert, paralysed wreck". She has completely lost the use of her legs, and almost completely the use of her arms. Her bowels and bladder are completely uncontrolled; she cannot feed herself, and when fed has difficulty in swallowing. Complications from her injuries included in the early stages