Toohey v Hollier [1955] HCA 3

Appl

Anwar Bi wi Fol Appl dra iy ats Herbie || Wu eee FoTRNG) 30 Hell Cir Co Pea UPT seca 618 HIGH COURT (1954-1955. (HIGH COURT OF AUSTRALIA.] TOOHEY . : ' 5 : i : Z APPELLANT ; DEFENDAN AND HOLLIER j ' 5 z : 5 : RESPONDENT. PLAINTIFF, ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA. H.C. or A. Husband and Wife—Consortivm—Injury to wife—Partial impairment of consor- 1954-1955. tium—Right of action of husband for partial loss of consortium. Oe The right of action of a husband against a third party for special damage punta to him by reason of wrongful injury to his wife is not confined to the case Go where he is deprived of her entire comfort, society and fellowship, and he Santee is entitled to damages for the actual and prospective loss consequent on the 1955, greatly reduced capacity of his wife, owing to her impaired health or bodily MELBOURNE, condition, to perform the household duties, manage the household affairs Mar. 2. and give him her support and assistance. Dixon, C.J. History of the cause of action for loss of consortium reviewed. McTiernan ee Best v. Samuel Fox & Co. Ltd. (1952) A.C. 716 ; (1951) 2 K.B. 639, discussed.

D

ion of the Supreme Court of Western Australia (Wolff J.) affirmed.

Appra from the Supreme Court of Western Australia.

On 14th January 1952, Josephine Theresa Hollier, the wife of Archibald James Hollier, was injured in a collision between a vehicle in which she was a passenger and a vehicle driven by one Toohey, the present appellant. Subsequently the husband and wife joined as plaintiffs in an action in the Supreme Court of Western Australia against Toohey, claiming damages for negligence. The husband alleged in his statement of claim that :—''As a result of the injuries sustained by the plaintiff, Josephine Theresa Hollier, her husband, the plaintiff Archibald James Hollier, lost her society and her services and was put to expense in nursing her and for