Holloway v McFeeters [1956] HCA 25

94 C.L.R.] OF AUSTRALIA.

lived had he not been killed. On the four per cent tables the value 4. ©: oF A-

of one pound payable for thirty years is £17.29203. Applying that to £900 a year the primary figure arrived at in the widow's case is £15,628. Then deducting from this the gains as estimated by his Honour, but allowing £750 instead of £600 as the estimated value of the accelerated receipt of the deceased's estate, i.e. a total deduction of £6,685, the remainder is £8,943. But his Honour allowed a further deduction of £2,000 "for other incidents of uncertain estimate". What these were he did not say but they did not include the possibility of re-marriage. The only other possibility that I can suggest is that the wife might have pre-deceased the husband had he not been killed. But that was a somewhat remote possibility as she was seven years younger and had forty-four years expectation of life as against the deceased's thirty-six years. As to the possibility of her re-marriage, as the Privy Council said in Nance's Case (1) the possibility that the widow might re-marry in circumstances that might improve her financial position is in most cases incapable of evaluation. This case is not an exception, having regard to the widow's financial position and the fact that she had three children. The allowance then for both these possibilities could not reasonably be fixed at more than £1,000. Taking £1,000 as the correct figure the damages arrived at in the widow's case are £7,943, as against £7,926 fixed by his Honour.

I understand that no question now arises as to the shares of the children as assessed by his Honour. In any event I can see no ground for reducing the share in any case.

I would dismiss the appeal. Appeal dismissed with costs.

Solicitors for the appellants, Jackson, McDonald, Connor &