National Insurance Co of New Zealand Ltd The v Espagne: 6 Apr 1961

(High Court of Australia) The court considered the relevance of a pension awarded to an injured person.
Damages – Action for personal injuries caused by negligence – Matters to be considered in reduction of damages – Invalid pension – Awarded for permanent blindness occasioned by negligence – Pension to be disregarded in assessment of damages

Dixon C.J.(1), McTiernan(2), Fullagar(3), Menzies(4) and Windeyer(5) JJ
[1961] ALR 627, (1961) 105 CLR 569, 35 ALJR 4, [1961] HCA 15
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.


Updated: 23 November 2021; Ref: scu.237529