HAMEY V. THE COMMONWEALTH OF AUSTRALIA AND ANOTHER

ae THE HIGH COURT OF AUSTRALIA

THE COMMONWEALTH OF AUSTRALT A AND ANO'

REASONS FOR JUDGMENT

FILED

29. JUN 1964 REGISTRY,

'A.C. Brooks, Government Printer, Melbourne ©.7639/60

Ve

THE COMMONWEALTH OF AUSTRALIA ~~~ AND ANOTHER

JUDGMENT WINDEYER J. "CORAL)

Ve

THE COMMONWEALTH OF AUSTRALIA "~~~ IND ANOTHER —————~S

The plaintiff in this case, Trevor Charles Hamey, was hurt in an accident on 6th March 1959.. An Army vehicle, driven by the second named defendant, a soldier in the Regular Army, who was driving on duty, hit a safety standard, that is a@ standard carrying on it a disc to mark a safety zone, at a tramway stopping place.

The plaintiff was standing in the safety zone and as a result of the motor vehicle hitting the standard, it was kmocked against the plaintiff and he was hurt. The accident occurred at 8 o'clock in the morning. The plaintiff was taken, dazed, into a nearby shop and from there to hospital, but after being in hospital a very short time he was found to be not suffering, so it was thought, from any serious injury; and he went from the hospital to his work at the Post Office.

It is admitted that the occurrence was caused by the negligence of the driver of the vehicle; and, as he was at the time in the course of his employment, the plaintiff is entitled to a judgment for damages against the defendant.

It is admitted further that the plaintiff is entitled to recover as special damages the sum of £129.10.9.

The only task for the Court is, therefore, to assess the general

damages to which the plaintiff is entitled for such personal injuries he has sustained as a result of the accident,

The plaintiff is now aged twenty-three. He has been married for the last two years. At the time of the accident he was eighteen years and nine months and he was then

unmarried. He was then, and now is, a clerk in the Postal