Blundell v Musgrave [1956] HCA 66

Blundell v Musgrave [1956] HCA 66

By majority, reg. 118(7) was valid and authorised the Naval Board to disallow free medical attendance or make a charge where it considered the cost should not be borne by the Department. The Board was entitled to regard the respondent's right to sue the appellant in tort as a relevant circumstance, and the evidence showed that the charge of £594 8s. 8d. had been lawfully made against the respondent's pay account, creating a legal liability. The amount was therefore properly recoverable as part of the respondent's damages. Regulation 150A did not assist before recovery or receipt of damages, but the respondent succeeded under reg. 118(7).

Jurisdiction
Australia
Procedural Posture
Appeal in Personal Injuries Negligence Action / Appeal by Special Leave From Decision of Smith J. on Reserved Item of Special Damages
Outcome
Appeal dismissed with costs.
Legal Topics
['personal Injury Damages' 'special Damages for Medical and Hospital Expenses' 'contributory Negligence' 'naval Financial Regulations' 'legal Liability for Expenses Not Yet Paid']
['tort Law' 'damages' 'statutory Interpretation' 'military and Naval Law'] ['personal Injury Damages' 'special Damages for Medical and Hospital Expenses' 'contributory Negligence' 'naval Financial Regulations' 'legal Liability for Expenses Not Yet Paid']

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Procedural Posture

Appeal in Personal Injuries Negligence Action / Appeal by Special Leave From Decision of Smith J. on Reserved Item of Special Damages

Legal Issues

  1. 1 ['Whether hospital and ambulance charges of £594 8s. 8d. were recoverable by the respondent as special damages in the negligence action.' 'Whether reg. 150A of the Naval Financial Regulations created any legal liability before the respondent recovered or received damages from a third party.' "Whether reg. 118(7) of the Naval Financial Regulations validly authorised the Naval Board to disallow free medical attendance or make a charge for the respondent's treatment." 'Whether the Naval Board had in fact made a charge against the respondent so as to create a legal liability to pay the medical and hospital expenses.']

Ratio Decidendi

By majority, reg. 118(7) was valid and authorised the Naval Board to disallow free medical attendance or make a charge where it considered the cost should not be borne by the Department. The Board was entitled to regard the respondent's right to sue the appellant in tort as a relevant circumstance, and the evidence showed that the charge of £594 8s. 8d. had been lawfully made against the respondent's pay account, creating a legal liability. The amount was therefore properly recoverable as part of the respondent's damages. Regulation 150A did not assist before recovery or receipt of damages, but the respondent succeeded under reg. 118(7).

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']