De Sales v Ingrilli

The appeal concerned the assessment of damages for the wrongful death of a spouse and parent, brought by the surviving spouse, Mrs De Sales, on behalf of herself and their two children under the *Fatal Accidents Act 1959* (WA). The dispute arose after the primary judge made a five per cent deduction from Mrs De Sales' share of the damages to account for the prospect of remarriage. The respondent, Mr Ingrilli, cross-appealed, arguing for a significantly higher deduction. The High Court of Australia considered whether such a deduction was appropriate and, if so, on what basis.

The central legal issue before the High Court was whether, in calculating damages for a surviving spouse and dependants under the *Fatal Accidents Act*, a deduction should be made for the contingency of the surviving spouse remarrying. This involved considering whether such a deduction was speculative, based on outdated norms, and whether it was already encompassed within a general discount for the vicissitudes of life. The court also had to determine if previous legal pronouncements on this matter required reconsideration.

The High Court, in allowing the appeal in part, determined that ordinarily, no deduction should be made for the prospect of remarriage. This was because such a consideration was too speculative and potentially based on outdated societal norms. The majority reasoned that any such consideration was already implicitly included within the general discount for the vicissitudes of life. The court set aside the order of the Full Court of the Supreme Court of Western Australia regarding the quantum of damages and provided a mechanism for the parties to agree on a revised sum, failing which the matter would be remitted for further determination.