High Court of Australia
/s 7
_— " iN THE HIGH COURT OF AUSTRALIA o —_ HODSON oe Ve
SWIFP AUSTRALIAN CO. (PTY.) L&D. _ AND ANOTHER
REASONS FOR JUDGMENT
FILED
14SEP 1962 BRISBANE REGISTRY
Judgment delivered at_Brisbane on Friday, 14th September, 1962
WM. Houston, Gort, Prat, Melb,
HODSON ve
SWIFT AUSTRALIAN CO, (PTY.) LID, AND ANOTHER
Appeal allowed with costs. Order of Jeffriess J, varied by increasing from £4,250 to £7,500 the amount awarded for general damages and the judgment entered thereon varied by substituting
the sum of £8,369.7.0 for the sum of £5,119.7.0.
SWIFT AUS
HODSON
LD
ANOQTHE.
ve
SWIFT AUSTRALIAN CO, (PTY.) . AND ANOTHER
The appellant was the plaintiff in an action in the Suprewe Court of Queensland heard by Jeffriess J, in which he claimed damages for personal injuries caused by the negligence of the defendants, He was awarded £5,119.7.0 and the appeal is brought on the ground that the amount is inadequate, Of the total award, £869.7.0 represented special damages, including an amount of £700 representing a year's wages lost between the date of the accident and the date when the learned trial judge thought that the appellant would probably be able to return to work. The amount of general damages was assessed at £4250 and it is this amount which the appellant submits is inadequate.
At the date of the trial the appellant was 19 years of age. He had been employed as a farm labourer on a sugar farm near Ingham, his principal duty being to drive a tractor. It appeared that he usually worked on sugar farms for about seven months of the year and during the off season obtained employment in Ingham, sometimes doing unskilled labouring work in an engineering works and sometimes working as a builder's labourer. His injuries consisted of a compound fracture of the little finger of his right hand, which was of little significance, and a severe compound fracture of the femur and tibia in his right leg, which necessitated the amputation of his leg through the thigh. The stump, however, was not satisfactory and a further amputation was done in order to enable him to be ritted with an artificial leg. The learned trial judge took the view that when he became accustomed
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