Toohey v Hollier [1955] HCA 3

Toohey v Hollier [1955] HCA 3

A husband is entitled at common law to recover damages for the actual and prospective material loss suffered due to his wife's reduced capacity to perform household duties and provide support, as a consequence of wrongful injury, even where the deprivation is partial rather than total; such damages are not limited by abstract notions of total loss of consortium.

Parties
Defendant: Toohey; Plaintiff: Hollier
Jurisdiction
Australia
Judgment Date
02 March 1955
Procedural Posture
Negligence / Appeal From Supreme Court of Western Australia
Outcome
appeal dismissed
Legal Topics
Loss of Consortium, Damages for Injury to Spouse, Assessment of Damages
Torts Family Law Loss of Consortium Damages for Injury to Spouse Assessment of Damages

Case Brief

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Parties

Toohey

Defendant

Hollier

Plaintiff

Procedural Posture

Negligence / Appeal From Supreme Court of Western Australia

Legal Issues

  1. 1 Whether a husband can recover damages for partial loss of consortium arising from injury to his wife
  2. 2 Whether damages for loss of consortium must be confined to cases of total deprivation
  3. 3 Assessment of damages for material and prospective loss resulting from reduced capacity of spouse

Ratio Decidendi

A husband is entitled at common law to recover damages for the actual and prospective material loss suffered due to his wife's reduced capacity to perform household duties and provide support, as a consequence of wrongful injury, even where the deprivation is partial rather than total; such damages are not limited by abstract notions of total loss of consortium.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.