High Court of Australia
Refato Sa ae Waldard xg a ge Horde
Sodas SaeAysy ROO! id foal a une (eae ens 266 HIGH COURT (1945.
(HIGH COURT OF AUSTRALIA.]
PUBLIC TRUSTEE - % 7 ' 3 . APPELLANT; DEFENDANT, AND ZOANETTI . 5 A i '5 . a . Responpenr. PrarntIFF,
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
H.C. or A, Damages—Tort—Damages under " Lord Campbell's Act"—Solatium under Wrongs
1945. Act 1936-1940 (S.A.)—Whether amount of solatium deductible from amount of ee damages—Wrongs Act 1936-1940 (S.A.) (No. 2267 of 1936—No. 18 of 1939— ADELAIDE, No. 48 of 1940), #8. 19, 20, 236, 23¢, eos Sections 19 and 20 of the Wrongs Act 1936-1940 (S.A.) confer a right of MELBOURNE, action corresponding to that conferred by Lord Campbell's Act (the Fatal Oct. 18. Accidents Act 1846 (Imp.) 9 & 10 Vict. c. 93). In the like circumstances, See 8, 23b of the Wrongs Act renders the wrongdoer liable to pay to the surviving pearke wife or husband of the deceased person such sum, nob exceeding five hundred MeTiernan JJ. pounds, as the court thinks just by way of solatium for the suffering caused
to the wife or husband by such death, Section 230 (1) provides that the right conferred by s. 23b shall be in addition to and not in derogation of any rights conferred on the husband or wife by any other provision of the Act.
Held, that, in assessing damages under ss. 19 and 20, an amount awarded under s. 23b should not be deducted.
Davies v. Powell Duffryn Associated Collieries Ltd., (1942) A.C. 601, distin- guished,
Decision of the Supreme Court of South Australia (Richards J.): Zoanetti v. The Public Trustee, (1944) 8.A.8.R. 150, affirmed.
Appeat from the Supreme Court of South Australia, On 17th July 1943, Walter Henry Reid feloniously injured Giosue Zoanetti with a shot-gun, and Zoanetti died from the injury. Reid
70 C.L.R.] OF AUSTRALIA.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate