PROSSER AND OTHERS V. GEORGHIOU 29/1961

Mo 24 df 196! 'Ne

IN THE HIGH COURT OF AUSTRALIA

% __ PROSSER AND OTHERS V. eee GBORGHTOU.. __* Yo OR

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(ORAL) :

REASONS FOR JUDGMENT ;

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Judgment delivered at_MELBOURNS on MONDAY, 18TH MARCH 1963 00

'A.C. Brooks, Government Printer, Melbourne ©.7630,00

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ORAL,

PROSSER _ AND OTHERS

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GEORGHLOU.

PROSSER _AND_ OTHERS

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GEORGHIOU

HIS HONOUR: The plaintiffs in this action are Leonard Bennett Prosser and Stella Prosser, his wife, and a daughter, who at the time when the action was commenced was Carolyn Claire Prosser. She has since married and is now Carolyn Claire Creed.

Mrs. Creed was at the time when the action commenced an infant, and she is still an infant, being now aged nineteen. She sues by her father as next friend.

The plaintiffs are residents of Victoria. The defendant is a resident of South Australia.

The action is one for damages resulting from a motor car collision which occurred in March 1961 near Bordertown in South Australia. Liability is admitted; and therefore the only question for the Court is the assessment of damages.

The claim of the second named plaintiff, Mrs. Prosser, has been settled. All that I am asked to do is to make an order that she have her taxed costs. I therefore give judgment to that effect accordingly.

As to the third named plaintiff, the daughter, it is agreed between the parties that she should have judgment for £627/19/6, of which £127/19/6 is attributable to her special damages. She being an infant, I am asked to approve of this settlement.

She suffered a broken nose, with resulting pain and some shock. But that is all now in the past; her nose has healed satisfactorily; any displacement of it that has occurred is certainly not in any sense a disfigurement. It does not

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at all impair her good looks. Her nose does, however, tend

to bleed at times. It is probable that this can be remedied