High Court of Australia
ORIGIN
IN THE HIGH COURT OF AUSTRALIA
.GOLQUHOUN
REASONS FOR JUDGMENT
Judgment delivered at___ SYDNEY
ovember, 1962,
1, M. Houston, Gort, Print, Melb,
é
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COLQUHOUN
JUDGHENT JUDGMENT OF THE couzr CORAL) DELIVERED BY DIXON C.J.
CORAM: DIXON C.J. McTIERNAN J. TTT0 J. TAYLOR J. J
E
GOL QUHOUN
This appeal is by a defendant from a judgnent of the Supreme Court of New South Wales refusing an application to that Court by the defendant for a new trial on the ground that the verdict in favour of the plaintiff awarded an amount of damages excessively. The appeal to this Court is as of right and is made in an attempt to obtain what I think is the unobtainable, that is to say some generalised standard for control of the anount of damages which may be awarded in a type of case which I suppose is regarded as repeatedly appearing.
The action was for personal injuries sustained in an accident. The plaintiff was a married woman of thirty-three years of age and the jury awarded her a sum of £17,863.1.4.
It is said that it must be certain that of that sum £1,863.1.4 was for special damages consisting of out-of-pock®t expenses and if that is so, the general damages are £16,000.
In refusing the application for a new trial the present Chief Justice of New South Wales delivered a judgment for himself; he sat with Mr. Justice Sugerman and Mr. Justice Brereton who also delivered judgnents. Mr. Justice Sugerman agreed with his Honour, Mr. Justice Brereton did not. His Honour the Chief Justice said that Mr. Begg, counsel who has appeared for the appellant here as well as before the Supreme Court, had stated the sum of £16,000 was the highest award for general damages that the Court had had to consider up to date. The Chief Justice answered him by saying the injuries in this case are possibly the worst case of damage to body and mind of a human being to which his Honour had had the misfortune to listen. I do not know that those comparisons, though in opposition, are really arguments that ought to be entertained as having weight.
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