De Sales v Ingrilli [2002] HCA 52

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

TERESA MARGARET DE SALES APPELLANT

AND

ALBERT INGRILLI RESPONDENT

De Sales v Ingrilli

[2002] HCA 52

14 November 2002

P57/2001

ORDER

1. Appeal allowed in part. 2. Set aside order 2 made by the Full Court of the Supreme Court of Western Australia on 1 December 2000. 3. If, within 28 days of the date of the order of this Court, the parties submit to the Registrar a signed minute of their agreement to the amount for which judgment should be entered, in place of order 2 of the orders of the Full Court, order that, in place of order 2 of the Full Court's order, judgment is to be entered for that sum. If the parties do not, within that time, submit such a signed minute, the matter is to be remitted to the Full Court for further hearing and determination in accordance with the reasons of this Court. 4. Respondent to pay appellant's costs of the appeal.

On appeal from the Supreme Court of Western Australia

Representation:

B L Nugawela for the appellant (instructed by Friedman Lurie Singh)

M J Buss QC with N P Dobree for the respondent (instructed by Hoffmans)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

De Sales v Ingrilli

Damages – Wrongful death of spouse – Basis upon which to assess damages to surviving spouse and dependants – Whether discount for prospect of remarriage should be made – Discount for general contingencies.

Lord Campbell's Act – Compensation to relatives – Damages – Basis upon which to assess damages for spouse and dependants – Whether discount for prospect of remarriage should be made – Whether such consideration is already included in discount for general contingencies.

Precedent – Damages – Whether discount for prospect of remarriage should be made – Whether too speculative – Whether based upon outdated norms – Whether previous expressions of the law regarding such discounts should be reconsidered and re-expressed.