Jane Carolyn Murfet v A A P C Australia Pty Ltd Carrying On Business As Novotel Launceston [1997] TASSC 155 — Evidence & Particular Award Of General Damages — Barrister AI
Jane Carolyn Murfet v A A P C Australia Pty Ltd Carrying On Business As Novotel Launceston
Evidence - Burden of proof, presumptions and weight and sufficiency of evidence - Generally - Credibility and weight - In general - Conflict between eye witnesses' sworn account and prior inconsistent statement of one such eyewitness - Cogency of former unsworn account. (Aust Dig Evidence [141]).
Damages - Particular award of general damages - Tasmania - Contusional brain injury and psychological sequelae - Lost earning capacity - Housewife aged 37 at trial with history of industrious activities in dress shop - Damages assessed at $194,530 (including $20,000 for general damages, $150,000 loss of earning capacity and $15,000 loss of future superannuation). (Aust Dig Damages [61]).
Hearing
HOBART, 8, 13, 14, 15 October 1997 (hearing), 19 December 1997 (decision)