Lincoln v Gravil [1954] HCA 24

Lincoln v Gravil [1954] HCA 24

In assessing damages for a widow under the Fatal Accidents Act 1934-1943 (Tas.), a deduction should be made for the value of a likely widow's pension provided by the Social Services Consolidation Act 1947-1953 (Cth.), and damages should be calculated on the deceased's net earnings after income tax, not gross earnings.

Parties
Appellant; Plaintiff: Lincoln; Respondent; Defendant: Gravil
Jurisdiction
Australia
Judgment Date
01 June 1954
Procedural Posture
Appeal / Decision on Appeal and Cross Appeal From the Supreme Court of Tasmania
Outcome
Appeal allowed in part; cross-appeal dismissed; judgment of Supreme Court of Tasmania varied by increasing award to the widow from £750 to £2,000 (Fullagar and Kitto JJ), Webb J dissenting (would have increased to £2,500 and not deducted pension).
Legal Topics
Damages, Wrongful Death, Assessment of Damages, Lord Campbell's Act, Deduction of Widow's Pension, Income Tax and Damages
Tort Law Damages Wrongful Death Assessment of Damages Lord Campbell's Act Deduction of Widow's Pension Income Tax and Damages

Case Brief

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Parties

Lincoln

Appellant; Plaintiff

Gravil

Respondent; Defendant

Procedural Posture

Appeal / Decision on Appeal and Cross Appeal From the Supreme Court of Tasmania

Legal Issues

  1. 1 Whether a widow's pension under the Social Services Consolidation Act 1947-1953 (Cth.) should be deducted from damages awarded under the Fatal Accidents Act 1934-1943 (Tas.)
  2. 2 Whether damages should be calculated on the gross or net earnings of the deceased
  3. 3 Whether the amount awarded by the trial judge was adequate

Ratio Decidendi

In assessing damages for a widow under the Fatal Accidents Act 1934-1943 (Tas.), a deduction should be made for the value of a likely widow's pension provided by the Social Services Consolidation Act 1947-1953 (Cth.), and damages should be calculated on the deceased's net earnings after income tax, not gross earnings.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; judgment of Supreme Court of Tasmania varied by increasing award to the widow from £750 to £2,000 (Fullagar and Kitto JJ), Webb J dissenting (would have increased to £2,500 and not deducted pension).

Orders

  • Increase damages to plaintiff from £750 to £2,000 for her benefit
  • Cross-appeal dismissed