Public Trustee (WA) v Nickisson [1964] HCA 62

High Court of Australia Barwick C.J. Kitto and Menzies JJ. Public Trustee (WA) v Nickisson [1964] HCA 62

ORDER Appeal allowed with costs. Judgment of the Supreme Court of Western Australia varied as follows:—

1. By omitting from par. 1 thereof "£1,796 15s. 3d. consisting of funeral expenses of £296 15s 3d. and £1,500 general damages" and substituting therefor "£296 15s. 3d. for funeral expenses".

2. By adding immediately after par. 1 thereof the following new paragraphs:

1a. That judgment be entered for the plaintiff as administrator of the estate of Derek Nigel Williams deceased for the sum of £4,000 for the benefit of Gregory David Morris Williams an infant son of the deceased.

1b. That judgment be entered for the plaintiff as administrator of the estate of Charlotte Christina Williams deceased for the sum of £1,500 for the benefit of the said Gregory David Morris Williams.

3. By omitting par. 2 thereof and substituting the following new paragraph:

2. That the defendant pay the costs of the plaintiff of this action.

4. By omitting par. 4 thereof and substituting the following new paragraph:

4. That all moneys now or at any time in Court to the credit of this action be paid out to the plaintiff to be applied by him in accordance with this order.

Cur. adv. vult.

The following written judgments were delivered:—

Oct. 21 Barwick C.J.

I agree with the reasons which my brother Menzies expresses, and which I have had the opportunity of reading, for setting aside so much of the order of the trial judge in this case as assessed as general damages the sum of £1,500 and ordered the payment of any costs to the defendant and for substituting therefor orders assessing the special damages in the total sum of £5,500, £4,000 in right of the estate of Derek Nigel Williams and £1,500 in right of the estate of Charlotte Christina Williams, and an order that the defendant pay the costs of the action. The appeal should be allowed.