NSW Caselaw
New South Wales Court of Appeal
CITATION: Salmon v Meacham [2006] NSWCA 89
HEARING DATE(S): 24 November 2005
JUDGMENT DATE: 5 May 2006
JUDGMENT OF: Handley JA at 1; Giles JA at 19; Santow JA at 20
DECISION: 1. Appeal allowed.; 2. Judgment for the plaintiff for $800,000 set aside except as to costs.; 3. In lieu thereof substitute judgment for the plaintiff for $533,333 with effect from 17 December 2004.; 4. The judgment is apportioned as to $366,667 to the widow and the balance to the children equally.; 5. The sum of $166,666 is to be paid into Court to be dealt with in accordance with the Damages (Infants and Persons of Unsound Mind) Act 1929.; 6. The respondent is to pay one-half of the appellant's costs of the appeal and is to have a certificate under the Suitors' Fund Act 1951.; 7. Liberty to the respondent to apply ex parte to Giles JA on two working days' notice to vary the apportionment of the damages and as to the burden of costs not recovered from the defendant or the Suitors' Fund 1951.
CATCHWORDS: NEGLIGENCE – contributory negligence – apportionment – no question of principle - ND
LEGISLATION CITED: Compensation to Relatives Act 1897
Barisic v Devenport [1978] 2 NSWLR 111 CASES CITED: Froom v Butcher [1976] QB 286 Pennington v Norris (1956) 96 CLR 10
PARTIES: Ben Salmon (Appellant) Jacquie Meacham (Respondent)
FILE NUMBER(S): CA 40073 of 2005
COUNSEL: P Deakin QC/D M Wilson (Appellant) G Petty SC/A Stone (Respondent)
SOLICITORS: Sparke Helmore (Appellant) Slater & Gordon (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 6107 of 2003
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