Paff v Speed [1961] HCA 14

High Court of Australia Dixon C.J. McTiernan, Fullagar, Menzies and Windeyer JJ. Paff v Speed [1961] HCA 14

ORDER Appeal allowed with costs. Order of Full Court of Supreme Court of New South Wales set aside with costs: verdict of jury restored.

Cur. adv. vult.

The following written judgments were delivered:—

1961, Apr. 6 Dixon C.J.

I agree, for the reasons given by the other members of the Court, with the view that upon the trial evidence was admissible of the award to the plaintiff on his retirement of a pension of £783 10s. 4d. per annum under the Police Regulation (Superannuation) Act, 1906-1955 N.S.W.. I think that the direction to the jury as to the use of the evidence is one of which the defendant cannot effectively complain. With that evidence before them the jury made an assessment which may seem very large indeed if it is looked at simply from the point of view of compensation for "economic loss" which is certain and without placing sufficient emphasis on the other aspects of the plaintiff's plight. But on the whole case I do not think the assessment is so large that the verdict should be set aside.

I would allow the appeal and restore the verdict.

McTiernan J.

This appeal is brought pursuant to leave granted by this Court. It is brought from the judgment and order of the Supreme Court of New South Wales allowing an appeal by the respondent, setting aside the verdict of the jury for £17,500 damages in favour of the appellant in an action for personal injury, and ordering a new trial limited to the issue of damages. Liability was admitted by the respondent and the trial was on the issue of damages only.

The appellant, who was a member of the New South Wales Police Force with the rank of constable, suffered personal injury in consequence of the negligence of the respondent on 5th August 1953. At that time the appellant's age was twenty-four. After the accident he was away from his employment for a period of twelve months but was paid his full salary. He returned to duty but proved to be unfit to remain in the Police Force, and in March 1958 he was retired compulsorily on the ground of physical unfitness. On retirement, he was awarded a pension of £783 10s. 4d. per annum from the Police Superannuation and Reward Fund, the notification of the award being made by letter from the Police Department to the appellant dated 29th April 1958. It would appear that the award was made pursuant to authority conferred by s. 10 of the Police Regulation (Superannuation) Act.