Wilson v McLeay [1961] HCA 56
Because the plaintiff sustained serious permanent injuries, facial scarring, loss of function of the right leg, loss of wages, and special damages, and because some reasonable allowance should be made in general damages for the attendance of her parents while she was hospitalised far from home, damages were assessed at £7,212 9s. 0d.
- Jurisdiction
- Australia
- Procedural Posture
- Personal Injuries Negligence Action / Judgment on Damages After Liability Admitted
- Outcome
- Judgment for the plaintiff for £7,212 9s. 0d. with costs.
- Legal Topics
- ['motor Vehicle Accident' 'assessment of General Damages' 'special Damages' 'loss of Wages' 'expenses of Parents Visiting Injured Plaintiff']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Personal Injuries Negligence Action / Judgment on Damages After Liability Admitted
Legal Issues
- 1 ["What amount of damages should be awarded for the plaintiff's personal injuries where liability was admitted." "Whether expenditure associated with the plaintiff's parents travelling from Queensland to Sydney, accommodation, and telephone calls should be included in the damages award."]
Ratio Decidendi
Because the plaintiff sustained serious permanent injuries, facial scarring, loss of function of the right leg, loss of wages, and special damages, and because some reasonable allowance should be made in general damages for the attendance of her parents while she was hospitalised far from home, damages were assessed at £7,212 9s. 0d.
Court Disposition
Judgment for the plaintiff for £7,212 9s. 0d. with costs.
Orders
- ['Judgment for the plaintiff for £7,212 9s. 0d. with costs.']
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