Williams v Usher [1955] HCA 60

94 C.L.R.] OF AUSTRALIA.

The appeal should be allowed with costs and the cross-appeal H- ©. or A.

dismissed with costs. The judgment of the Supreme Court should be varied by increasing the amount ordered to be paid by the defendant to the plaintiff to £2,250, and by directing that this amount shall be divided in the following shares, namely, £2,000 for the benefit of the plaintiff, £150 for the benefit of Darryl Alvin Ball, and £100 for the benefit of Beverley Lenna Ball.

Appeal allowed with costs; cross-appeal dismissed with costs. Judgment of the Supreme Court varied by increasing the amount ordered to be paid by the defendant to the plaintiff to £2,250. Direct that this amount be divided into the following shares, namely £2,000 for the benefit of the plaintiff, £150 for the benefit of Darryl Alvin Ball, and £100 for the benefit of Beverley Lenna Ball.

Solicitors for the appellant, Murdoch, Cuthbert, Clarke & Neasey. Solicitor for the respondent, M. G. Everett.

VOL. xcrv.—29

1954. <7

LINCOLN v. Gravin.

HIGH COURT [ 1955.

[HIGH COURT OF AUSTRALIA.]

WILLIAMS AND OTHERS ; : : APPELLANTS ; DEFENDANTS, AND USHER. : : : : ; F : RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.

H.C. or A. Negligence—Lord Campbell's Act (W.A.)—Damages—Measure Action by widow—

1955. n"WnH MELBOURNE,

May 24, 25;

SypNeEy, Nov. 21.

Dixon C.J., McTiernan, Webb,

Fullagar and Taylor JJ.

Award of workmen's compensation in New York to widow in respect of death— Compromise of appeal against award—Undertaking by widow to refund to insurer amounts paid under award out of damages (if any) to be recovered in Lord Campbell's Act proceedings— Whether compromise a "' release" or "" commuting " of workmen's compensation—Whether damages in action subject to diminution by reason of award—Agreement between parties as to New York law to compensa- tion proceedings but no other evidence on subject—Construction of New York law by Australian courts—Fatal Accidents Act 1846 (Imp.).