Purkess v Crittenden [1965] HCA 34

High Court of Australia Barwick C.J. Kitto, Taylor, Menzies and Windeyer JJ. Purkess v Crittenden [1965] HCA 34

ORDER Appeal allowed with costs. Order of Full Court of Supreme Court of Queensland set aside and in lieu thereof order that appeal and cross-appeal to that Court to be dismissed with costs, costs to be set off. The sum of £50 in the hands of the Registrar of the Supreme Court to be applied as may be directed by the said Court or a Judge thereof.

Cur. adv. vult.

The following written judgments were delivered:—

July 16 Barwick C.J., Kitto and Taylor JJ.

In an action for damages for personal injuries heard without a jury the appellant secured an award of £10,219 19s. 6d. This amount was made up of £5,000 for general damages excluding economic loss, £5,064 representing an assessment of economic loss and £155 19s. 6d. for proved special damages. Following the entry of judgment for this amount the present respondent appealed to the Full Court on the ground that the damages awarded were excessive. The present appellant thereupon gave notice of cross-appeal on the ground that the award was manifestly inadequate and indicated that the Full Court would be asked to increase the amount of the judgment to £13,509 19s. 6d. In the result the Full Court allowed the appeal reducing the amount of the judgment to £8,000 and dismissed the cross-appeal. We are now asked by the appellant to set aside the order of the Full Court and direct that judgment should be entered for the appellant for £13,509 19s. 6d.

At the time when the appellant received her injuries she was forty-nine years of age and the main disability of which she complains is the existence of constant severe and disabling pain in the cervical region. This is said to have resulted from being thrown first against the left-hand side of the cabin of the vehicle in which she was riding at the time of the accident and, thereafter, head first against the roof.